Will the NPP lawsuit transform our electoral system?

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Frank Mensah, Tikobo No. 2 12 years ago

The lawsuit, by itself, is progress in democracy. Even the Democrats in the USA went to court in 2000. George Bush had to wait for the Supreme court verdict to start his celebration and prepare for inauguration. How many Afri ...
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The lawsuit, by itself, is progress in democracy. Even the Democrats in the USA went to court in 2000. George Bush had to wait for the Supreme court verdict to start his celebration and prepare for inauguration. How many African countries go to court over rigged elections. They reach for machettes instead of pens. This is why the so-called Young Patriots should be thrown out of the street on Monday. Oh, I forgot to say this was the progress Jerry Rawlings denied Ghana for two decades.
afari kowinsani gyan 12 years ago

STUDENTS FROM SOUTHERN GHANA WILL AS A MATTER OF URGENCY STOP PAYING FEES BECAUSE WHAT IS GOOD FOR OUR FELLOW STUDENTS IN THE NORTH IS ALSO GOOD FOR US TOO.

STUDENTS FROM SOUTHERN GHANA WILL AS A MATTER OF URGENCY STOP PAYING FEES BECAUSE WHAT IS GOOD FOR OUR FELLOW STUDENTS IN THE NORTH IS ALSO GOOD FOR US TOO.
MOZATO 12 years ago

All parents in the South of Ghana should stop paying school fees of their kids until such a time that all students in every corner of the nation are equally treated fairly. Enough is Enough. Either free education for all or a ...
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All parents in the South of Ghana should stop paying school fees of their kids until such a time that all students in every corner of the nation are equally treated fairly. Enough is Enough. Either free education for all or abolish free education in the North. Nonsense. And any male Headteacher/Master who will stand in the way of this "positive defiance" should be neutered or castrated secretly.
MAMATNAM 12 years ago

STAY HOME OR TURN TO A FARMER TO FEED OUR COUNTRY

STAY HOME OR TURN TO A FARMER TO FEED OUR COUNTRY
TRUTH & JUSTICE B4 PEACE 12 years ago

WHAT IS YOUR HOLDING?.

DEAR MR KUFOUR,

WHAT IS YOUR MORAL PROBLEM?, AND WHAT IS THE NAME OF YOUR MORAL SICKNESS?
WHAT IS IT THAT HAS MADE YOU SO UNTHINKING AND VISIONARILY-BLIND THAT YOU THINK WRONGLY AND SO IM ...
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WHAT IS YOUR HOLDING?.

DEAR MR KUFOUR,

WHAT IS YOUR MORAL PROBLEM?, AND WHAT IS THE NAME OF YOUR MORAL SICKNESS?
WHAT IS IT THAT HAS MADE YOU SO UNTHINKING AND VISIONARILY-BLIND THAT YOU THINK WRONGLY AND SO IMMORALLY THAT YOU SHOULD ATTEND THIS ILLEGAL SWEARING-IN OF THIS ILLEGAL PRESIDENT OF RIGGED ELECTION?.

WHAT DO YOU HOPE TO ACHIEVE BY THAT?.
IS IT THAT YOU JUST WANT TO SATISFY YOUR SO-CALLED FRIEND, THE HIGHLY IMMORAL OBASANJO WHO PUT NIGERIA IN THE HORRIBLE STATE ITS IN NOW?,WELL, HE IS NOTHING BUT A BIG FAT FOOL, LIKE MANY FAT PEOPLE. YOU HAVE BIG EYES BUT YOU CAN’T SEE. DID YOU NOT SEE HOW HE BLINDLY AND FOOLISHLY AND ILLEGALLY WENT TO JOHN MAHAMA’S HOUSE TO ANNOUNCE THE WRONG RESULTS ?. HIS FOOLISHNESS, STUPIDITY AND EVEN CHILDISHNES WAS SO EVIDENT.
WHY DID HE NOT ALLOW THE EC TO ANNOUNCE
WHY WAS HE SO IMPATIENT?
WHY DID HE TAKE HIS ANNOUNCEMENT TO JOHN MAHAMA’S PLACE?
WHY DID HE NOT JUST MAKE IT A PUBLIC THING IN A PUBLIC PLACE?.
WHY DID HE NOT EVEN GIVE A LOOK AT THE ADVICE OF PEOPLE WHO CALLED ON CAUSION?
OR YOU CONNIVED WITH HIM TO DO SOMETHING FOR YOUR ALLAN JERRY-PICK-MANTENG THE DREAMER?

I THINK THAT IF YOU GO TO THAT EVENT THE PARTY SHOULD NOT LET YOU COME BACK INTO THE PARTY. THE PARTY SHOULD IMPEACH YOU AND EVEN SUSPEND YOU.

I T SEEEMS THAT YOU NEVER LEARN FROM HISTORY, EVEN RECENT HISTORY.
ON A NUMBER OF OCCASIONS YOU HAVE DONE FOOLISH THINGS THAT HAS DISGRACED THIS PARTY, INSULTED ITS PRINCIPLES, AND GIVEN IT SO MANY PROBLEMS WHICH THE PARTY IS STILL STRUGGLING WITH. WHAT IS YOUR PROBLEM?, IS IT AN OBASANJO MEDAL YOU WANT OR A JOHN MAHAMA MEDAL?. OH!, WERE THE MEDALS YOU GAVE YOURSELF NOT ENOUGH?, YOU RATHER NEED SOME THIIEFING MAHAMA MEDALS ?.
THIS IS HIGHLY AN IMMORAL THING TO DO, AND IF YOU DO IT, YOU HAVE BURRIED ALL YOUR PAST AND PRESENT RESPECT AND ACHIEVEMENT, AND SHOULD BE KICKED OUT OF THE PARTY BY GENERAL PARTY DELIGATE AND MASSES PROTEST.

MR RAWLINGS SOMETIME SAID ABOUT YOU THAT YOU HAVE NO PRINCIPLES, AND THAT INTERGRITY MEANS NOTHING TO YOU?. IS THAT WHAT YOU ARE TRYING TO CONFIRM?.
kOFI bOATENG 12 years ago

Dont you know that you are insulting farmers? Please have an open mind and speak well of people.

Dont you know that you are insulting farmers? Please have an open mind and speak well of people.
Transformer 8 12 years ago

what is your name,BEGU A GU.You support evil dont care about your country,have some sense in your head,FOOL

what is your name,BEGU A GU.You support evil dont care about your country,have some sense in your head,FOOL
EMMA 12 years ago

Frak you made a good point if George Bush waited for the court verdict to start his enaguration why is Mahama in a hurry to celebrate ? Even after Bush was allowed to become the president as we all know look at what he did to ...
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Frak you made a good point if George Bush waited for the court verdict to start his enaguration why is Mahama in a hurry to celebrate ? Even after Bush was allowed to become the president as we all know look at what he did to U.S. his decisions ended US in Poverty and Obama has to borrow a huge amount from China to help US get out of Debt and is still struggling to solve the deficit problem in US. Are we ready to get into such problems in the near future ?
kataba Diwa 12 years ago

These are the ndc fools, ewes and flies

These are the ndc fools, ewes and flies
GOAHEAD 12 years ago

NPP ARE SORE LOSERS

NPP ARE SORE LOSERS

NANA KUFUOR 12 years ago

Fellow Ghanaians, let us analyze the performance of the two main political parties in this country. NDC’s philosophy is “dzie wo fie asem”. In opposition they allowed the Kufuor regime to mind its own business. As a res ...
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Fellow Ghanaians, let us analyze the performance of the two main political parties in this country. NDC’s philosophy is “dzie wo fie asem”. In opposition they allowed the Kufuor regime to mind its own business. As a result the NPP looted the Ghana government for eight good years. The fat cats looted the economy from cash (Kwadwo Mpiani), bungalow (Jake Obetsebi-Lamptey), cooking pots (Sekyi-Hughes) etc…..70% of the richest people in Ghana are NPP apparachicks. In the case of NPP, they believe they know better than anybody else and they are the only people who have the divine right to rule Ghana thus they oppose everything NDC does if it is not from the NPP, whether good or bad, from, Chinese loans, judgment debts, appointments and even the inauguration of President Mahama. This enabled the NDC to always be on their toes in whatever they do. From this observation, you can all agree with me that the NPP are better in opposition than NDC. Fellow Ghanaians, let us ensure that NPP remains in opposition for thirty years. After that time NDC will improve everything and NPP will come back and rule Ghana till thy kingdom come.
Kwam 12 years ago

1. Ballot counted in public in view of party agents at the polling station and the results are declared.Signed by all parties.
2. These results are then collated at the constituency level, Again party agents are there to obs ...
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1. Ballot counted in public in view of party agents at the polling station and the results are declared.Signed by all parties.
2. These results are then collated at the constituency level, Again party agents are there to observe and sign.
The party with majority votes is declared the winner , it follows to the regional and to the national level, So at what stage or point are the results doctored,
As for the rule that no verification no vote, it will not be accepted, as long as I have my valid voter ID, with my photograph and my name in the register, I have to vote, if the machine it faulty it is not my making and I can not be denied my right to vote because the so called machine did not recognized me when other voters in the queue can testify that I am not impersonating.
DAN 12 years ago

Please read this piece again.

Please read this piece again.
JIGGA JAY 12 years ago

ABSOLUTE STUPIDITY IF I HAVE EVER HEARD ONE!!!! NDC OR (P)NDC FOR THAT MATTER HAS RULED GHANA FOR THE LAST 30 YEARS AND WHAT DO WE HAVE TO SHOW FOR IT? BROKEN HOMES, DIRTY STREETS, HUNGRY AND UNEDUCATED KIDS RUNNING AMOK ON T ...
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ABSOLUTE STUPIDITY IF I HAVE EVER HEARD ONE!!!! NDC OR (P)NDC FOR THAT MATTER HAS RULED GHANA FOR THE LAST 30 YEARS AND WHAT DO WE HAVE TO SHOW FOR IT? BROKEN HOMES, DIRTY STREETS, HUNGRY AND UNEDUCATED KIDS RUNNING AMOK ON THE STREETS SELLING CHINESE GOODS, ETC. ETC. AND WE STILL THINK THESE IDIOTS CAN RULE??? OH MY DEAR MOTHER GHANA WHAT ARE WE DOING TO YOU???? I LOVE MY COUNTRY, AND UNTIL WE CAN ALL STOP THIS TRIBALISM AND TRY TO IMPROVE OUR LOT BY HAVING FREE, AND FAIR ELECTIONS. WE ARE ALL DOOMED!!!!
Kwaku 12 years ago

Transform what, the NPP are bunch of jokers

Transform what, the NPP are bunch of jokers
Akwasi 12 years ago

National Patriotic Party, huh.......interesting. You don't even know the name of your own party.

National Patriotic Party, huh.......interesting. You don't even know the name of your own party.
Teacher 12 years ago

There are a bunch of idiots masquerading here. A lo of ash....ols!!!

There are a bunch of idiots masquerading here. A lo of ash....ols!!!
Sani 12 years ago

You should just have concentrated on the probable effects of the SC suit on subsequent voting/electoral processes or on what reforms in the electoral process it can bring out (the second half of the piece) and cut down consid ...
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You should just have concentrated on the probable effects of the SC suit on subsequent voting/electoral processes or on what reforms in the electoral process it can bring out (the second half of the piece) and cut down considerably on the background material as well as on the examples from the US.
BIssy 12 years ago

This is a well researched article. All the points you made are supporting all the different parts of this article. Kudos for you.

This is a well researched article. All the points you made are supporting all the different parts of this article. Kudos for you.
Seth 12 years ago

That is what is when we live in a state of democracy. Am even surprised that this inaugration is coming on whiles there are court disputes to settle.
This lawsuit will bring the freedom, justice and democracy that is really ...
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That is what is when we live in a state of democracy. Am even surprised that this inaugration is coming on whiles there are court disputes to settle.
This lawsuit will bring the freedom, justice and democracy that is really working in this system of governance.

Nana 12 years ago

It creates a lot of problems to enstool a President and destooled on the basis of electoral irregularities and fraud. That is why I think the framers of the constitution should have allowed sufficient time between declaration ...
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It creates a lot of problems to enstool a President and destooled on the basis of electoral irregularities and fraud. That is why I think the framers of the constitution should have allowed sufficient time between declaration of election results and the inauguration of the President- elect so that the Supreme Court could decide on the any contest before the inauguration. This law needs to be reviewed. To ensure that every electorate exercises his or her franchise without any hassle, there should be innovative ways to check fraud other than "No biometric Verification, No Vote". We don't change rules in the middle of the game so sensible procedures of voting agreed by the majority (preferably the electorate) must be obeyed by all.
Kwesi 12 years ago

Thank you for your advised to Ghanaians because a lot of them are ignorantl they don't understand what's call democracy what they know is to vote for tribal parties. Whether you are npp or ndc watch and see which party will ...
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Thank you for your advised to Ghanaians because a lot of them are ignorantl they don't understand what's call democracy what they know is to vote for tribal parties. Whether you are npp or ndc watch and see which party will help our country then you vote for that party because our ghana need good development not tribalism
OBURONIBA FITAFITA 12 years ago

The article says it all. I however wonder how many citizens understand it. A strong opposition is an added and necessary ingredient of democracy, without which a nation is bound to slip into jack-bootism.

I highly respect ...
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The article says it all. I however wonder how many citizens understand it. A strong opposition is an added and necessary ingredient of democracy, without which a nation is bound to slip into jack-bootism.

I highly respect the NPP for its peaceful approach by seeking relief from the Courts and not through violence.

I also note with interest the following article by Professor Asare:

Ten years ago, I stated in the article above that it was only a question of time before we are faced with a serious problem arising from the short window between the election and the inauguration dates.

Today, we face that crisis. An impending lawsuit challenging the validity of the election of the President and an impending inauguration of the same President.

I have always dreaded this inauguration day and struggled with the question of the proper role of NPP on this day while challenging the validity of the election.

Similarly, I struggled with the proper role of the members of the Supreme Court at this inauguration while a petition was before them. The Chief Justice is to swear in a President, fully aware there is a petition in her lap challenging the validity of his election.

The law says we should all pretend "everything is ok," inaugurate a President, and then post-inauguration go back to litigate whether his election is valid. This, in my opinion as stated in 2002, is a strange law indeed.

How can NPP members be expected to attend inaugural events when they are challenging the validity of the election of the President?

Why should NPP boycott the inauguration when the law is clear that whoever is declared the President by the EC remains so until invalidated by the SC?

Why are the SC members in attendance at the inauguration of a President, who might not be President?

Inauguration is a solemn, serious and consequential occasion but Inaugurating a President with clouds hanging over the validity of his election is a shameful, unwise, and a thoughtless activity.

As a nation, we are paying the price for failing to solve a predictable and fixable problem.

No Ghanaian can be proud on the inauguration date!
MR. FIGURE- OUT 12 years ago

...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC go ...
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...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC government for paying all those judgment debts. It was the opposition." I cannot disagree with the author any longer
MR. FIGURE- OUT 12 years ago

...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC go ...
read full comment

...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC government for paying all those judgment debts. It was the opposition." I cannot disagree with the author any longer
MR. FIGURE- OUT 12 years ago

...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC go ...
read full comment

...."The only element left to check corruption, the abuse of power and the failure to perform duties by politicians and the government is the opposition.

It wasn’t necessarily the media who brought pressure on the NDC government for paying all those judgment debts. It was the opposition." I cannot disagree with the author any longer
John Carslake 12 years ago

The Constitution [63.(2)(a)] allows a presidential election to be held up to four months before the expiry of the term of office of the sitting President.

The Constitution [63.(2)(a)] allows a presidential election to be held up to four months before the expiry of the term of office of the sitting President.
Koo Emma 12 years ago

Great thoughts. Affter all Ghana is not bereft of great thinkers.It is just that a good number of great people are alienated by the sons of the patron saint of the land, Kwaku Ananse so they can do things the way their father ...
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Great thoughts. Affter all Ghana is not bereft of great thinkers.It is just that a good number of great people are alienated by the sons of the patron saint of the land, Kwaku Ananse so they can do things the way their father knows best- 'ntrickies' and 'ncheatries'. Not too good for nation building.
ATO 12 years ago

I agree with you.For me, these are the motivations that keep me more interested in the law suit.

I agree with you.For me, these are the motivations that keep me more interested in the law suit.
Lee Gbiriko 12 years ago

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.

Lee Gbiriko 12 years ago

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.
JIGGA JAY 12 years ago

I AGREE MR LEE, AN ARTICLE WELL-WRITTEN!!!

I AGREE MR LEE, AN ARTICLE WELL-WRITTEN!!!
Lee Gbiriko 12 years ago

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.
Lee Gbiriko 12 years ago

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.

Excellent work! All the newspapers in Ghana should consider carrying this article one after the other every day for six months.
Owura 12 years ago

Afari Gyan was paid to favour NDC, long before Mills passed away. The creation of the 45 new constituencies was the first intent to rig the election and the opposition should have known better. If the supreme court maintains ...
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Afari Gyan was paid to favour NDC, long before Mills passed away. The creation of the 45 new constituencies was the first intent to rig the election and the opposition should have known better. If the supreme court maintains its independence, I can assure everyone that the 2012 election will be voided. However, Afari Gyan might have done his dirty works at the supreme court already, hence his referal of the opposition to go to court knowing that the corrptible Judges at he SC would rule in the EC/NDC's favour. NPP is a law abiding party and it is not strange why they are going to the courts while its supporters remain calm despite the numerous provocations being instigated by the NDC supporters. Mahama is a typical thief who did his homework very well to rig the election with the help of Afari Gyan. These two individuals have stolen the future of ghanaians. These two individuals and their cohorts will live to regret. For those who think Nana is a sore looser, think twice...he is a true Democrat and we owe this fragile democracy to his persistency to the rule of law. Long live Nana and may this lawsuit bring sanity and enligthingment to all ghanaians.
Appiah Big 12 years ago

They are just useless party

They are just useless party
Jay 12 years ago

very intelligent article and well nailed. he didn't waste the nail. he hit it on the head.bravo.

very intelligent article and well nailed. he didn't waste the nail. he hit it on the head.bravo.
Rita 12 years ago

Mr. Nyanteh, why do you think the lawsuit brought by the NPP will reform our electoral system. The NPP is seeking its own personal interest and why do you think we should give it a national attention. Our Electoral System is ...
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Mr. Nyanteh, why do you think the lawsuit brought by the NPP will reform our electoral system. The NPP is seeking its own personal interest and why do you think we should give it a national attention. Our Electoral System is not broken and if it is not broken, we don't fix it.
DAN 12 years ago

Please read the piece again.I cant understand why any well educated Ghanaian can have an issue with this piece.

Please read the piece again.I cant understand why any well educated Ghanaian can have an issue with this piece.
Aba asmah 12 years ago

I find this article well written and well explanatory. Democracy should start from somewhere.but it is fortunate that this flaw is being noted now. Afari Gyan should have waited before the declaration if true democracy is to ...
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I find this article well written and well explanatory. Democracy should start from somewhere.but it is fortunate that this flaw is being noted now. Afari Gyan should have waited before the declaration if true democracy is to prevail. Africans especially Ghanaians are always letting go of important and crucial decisions which will affect our future. The Npp is right to take on the ECC. This will send a strong message to the leaders and cronies who want to stay in power for their own selfish gain. Democracy should prevail as this irregularities has one un challenged for too long
Whatever 12 years ago

You don't transform an electoal system in a court. You transform electoral system at IPAC. Court are only used to resolve misunderstanding according to law. It is not a place for brainstorming like IPAC.

You don't transform an electoal system in a court. You transform electoral system at IPAC. Court are only used to resolve misunderstanding according to law. It is not a place for brainstorming like IPAC.
Chaskele 12 years ago

with their double talk That is why they keep loosing. They dont understand that they have a disconnect with many of the floating voters of this country. How can I seriously vote on issues and thereby vote for the NPP - as I ...
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with their double talk That is why they keep loosing. They dont understand that they have a disconnect with many of the floating voters of this country. How can I seriously vote on issues and thereby vote for the NPP - as I wish, when its leaders are calling for my blood because of my tribe. Since 2000, I have always voted for the winning candidate, and I believe it will continue to be so with me. If NPP want my vote again they should eschew tribal politics, and show us that they mean it by electing a non Akan as the leader. Then we can all get down to the real issues, which concerns us all. If they dont do that then NDC will keep winning and we will be all headed for a one party state
BENONY TONY AMEKUDZI, ESQ. 12 years ago

DEAR PUBLIC READERS OF GHANAWEB.COM INTERNET SITES,

IT IS IN THE INTEREST OF JUSTICE AND FAIRPLY THAT THE PEOPLE HAVE THE RIGHT TO KNOW AND TO HAVE THE FULL LOGICAL AND REASONABLE SIDES OF THE ISSUES AT STAKE TO HELP THEM ...
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DEAR PUBLIC READERS OF GHANAWEB.COM INTERNET SITES,

IT IS IN THE INTEREST OF JUSTICE AND FAIRPLY THAT THE PEOPLE HAVE THE RIGHT TO KNOW AND TO HAVE THE FULL LOGICAL AND REASONABLE SIDES OF THE ISSUES AT STAKE TO HELP THEM FORM A WELL INFORMED OPINION OF THE ISSUES AT STAKE.
IT IS AT THESE RELATED BACKDROPS THAT I HAVE DECIDED TO WRITE THIS REJOINDER TO THE ABOVE RELATED FEATURE ARTICLE CAPTIONED, " WILL THE NPP LAWSUIT TRANSFORM OUR ELECTORAL SYSTEM?".
THIS LINE OF ACTION HAS BECOME VERY NECESSARY AND IMPERATIVE FIRST TO HELP CORRECT ANY RELATED MIS-INFORMATION THE ARTICLE MAY BE EMBEDDED WITH AND SECONDLY JUST FOR THE SAKE OF THE NOBLE PRINCIPLE OF JUSTICE THAT THE PEOPLE HAVE THE RIGHT TO KNOW INSPITE OF THE FACT THAT THE NPP PURPORTED LAWSUIT IS PENDING BEFORE THE SUPREME COURT OF GHANA AND MAKE THE CASE "SUB-JUDICE".
HOWEVER, IT HAS NOT ALSO PREVENTED US FROM CORRECING ANY RELATED MIS-INFORMATION AND MIS-CONCEPTION THAT THE FEATURE ARTICLE IS EMBEDDED WITH.
THAT THE ONLY THING THAT WE CANNOT DO AT THIS TIME IS TO PASS JUDGEMENT OF THE OUTCOME OF THE CASE.
BUT NONETHELESS WE CAN WRITE REJOINDERS TO CORRECT MIS-INFORMATION AND MIS-CONCEPTIONS THAT CAN TWIST THE ALMS/ARMS OF THE LAW AND FACTS.
IN THE LIGHT OF ABOVE THAT I AM VERY MUCH OBLIGED TO STATE CATEGORICALLY THAT THE WRITER CITING THE UNITED STATES SUPREME COURT RULING ON THE AFFORDABLE HEALTH CARE REFORM LAW, OTHERWISE, KNOWN AS "OBAMA CARE LAW" THAT THE UNITED STATES SUPREME COURT CORRECTLY AND RIGHTLY RULED IN FAVOUR OF THE LAW AND UPHELD IT "CONSTITUTIONAL".
THAT THE ISSUES BEFORE THE SUPREME COURT WERE VERY CLEAR AS FOLLOWS:
(i) WHETHER OR NOT UNITED STATES CONGRESS AND THE PRESIDENT OF UNITED STATES HAVE THE CONSTITUTIONAL AUTHORITY TO MAKE THE HEALTH CARE REFORM LAW?
(ii) WHETHER OR NOT THE HEALTH CARE LAW IS/WAS PUBLIC OR PRIVATE LAW?

(iii) WHETHER OR NOT IN OR BY ENACTING PUBLIC LAW CONGRESS HAS THE AUTHORITY TO IMPOSE SANCTIONS FOR THE BREACH OF THE LAW?

THAT TO FIND ANSWERS FOR THE ABOVE RELATED LEGAL ISSUES THAT BY THE RULES OF INTEPRETATION IMPOSED ON THE SUPREME COURT TO TAKE JUDICIAL NOTICE OF THE CONSTITUTION AND TO INTEPRET IT ACCORDINGLY AS THE "LAW SAYS IT IS AND NOT WHAT ONE THINKS THE LAW OUGHT TO BE".
THAT THE SUPREME COURT TAKEN JUDICIAL NOTICE OF THE PREAMBLE TO THE CONSTITUTION, ARTICLE 1 OF THE CONSTITUTION AND THE TENTH (10TH) AMENDMENTS TO THE CONSTITUTION WHICH PROVIDES FOR "RESIDUAL POWERS TO THE STATES AND THE PEOPLE" AND READING THEM TOGETHER CLEARLY PROVIDED AND VESTED AUTHORITY AND POWERS IN CONGRESS AND THE PRESIDENT TO MAKE THE HEALTH CARE REFORM LAW AND ACCORDINGLY UPHELD THE LAW TO BE CONSTITUTIONAL".
THAT WHAT THIS WRITER WANTED THE READING PUBLIC TO UNDERSTAND HERE IS THAT THE ISSUE WAS NOT ABOUT THE MERITS OR DEMERITS OF THE LAW BUT WHETHER CONGRESS AND PRESIDENT OF UNITED STATES HAVE THE CONSTITUIONAL AUTHORITY TO ENACT THE LAW AND THE HOLDING WAS YES.
TOUCHING NOW ON THE WRITER'S ASSERTION OF THE NPP LAWSUITS AGAINST THE GHANA NATIONAL ELECTORAL COMMISSION HEADED BY THE CHAIRMAN OF THE COMMISSION AND THE LEGAL ISSUES BEFORE THE SUPREME COURT OF GHANA TO BE DETERMINED ARE AS FOLLOWS:
(i) WHETHER OR NOT THE ELECTORAL COMMISSION OF GHANA HAS THE CONSTITUTIONAL AUTHORITY AND POWERS TO PREPARE VOTERS REGISTER, TO CONDUCT NATIONAL PRESIDENTIAL ELECTIONS AND ALSO TO DECLARE THE RESULTS AS THEY ELECTORAL COMMISSION DID BY PERFORMING THESE RELATED FUNCTIONS?
(ii) WHETHER OR NOT IF AN AGGRIEVED PARTY OR PARTIES/PERSONS ARE DISATISFIED WITH THE RESULTS CAN OR COULD THEY COMMENCE A LAWSUITS AFTER DECLARING THEMSELVES OR HIMSELF A WINNER WITH QUOTING FIGURES IN PERCENTAGES?

(iii) WHETHER OR NOT AN AGGRIEVED PARTY WITHOUT THE CONSTITUTIONAL LEGAL ENTITY DECLARED HIMSELF A WINNER? AND FROM WHAT SOURCE OF THE PURPORTED DATA AND WITH WHICH CONSTITUTIONAL AUTHORITY VESTED BEING PERFORMED ?
(iv) WHETHER OR NOT AN AGGRIEVED PARTY/PERSON(S) CAN OR COULD SEEK EQUITY IN SUCH CASE?
IF YES, THEN UNDER WHICH PRINCIPLE OF EQUITY?"
IF IT IS ASSUMED UNDER THE PRINCIPLE OF EQUITY WHICH PROVIDES THAT "EQUITY AIDS THE VIGILANT" THEN "THE AGGRIEVED PARTY/PERSON MUST COME TO EQUITY WITH CLEAN HANDS" AND WHAT ABOUT IF THE PARTY DECLARED HIMSELF WINNER FROM UNAUTHORIZED SOURCE WOULD THAT NOT AMOUNT TO THE NOTION THAT "THE PARTY HAS A DIRTY AND SOILED HANDS AND THEREFORE CANNOT SEEK EQUITY SINCE THE PRINCIPLE THAT "HE WHO SEEKS EQUITY MUST HIMSELF DO EQUITY" AND IN THE INSTANT CASE THE FACTS ARE PROVING "DIRTY HANDS OF THE AGGRIEVED PARTY/PARTIES?
(iv) WHETHER OR NOT SUCH CONDUCT OF THE AGGRIEVED PARTY/PARTIES NOT AMOUNT TO "FALSIFICATION OF PUBLIC RECORDS AND ANY OTHER RELATED CRIMINAL ACTS?
(V) WHETHER OR NOT A SITTING PRESIDENT OF GHANA WHILE IN OFFICE CAN OR COULD BE SUED EVEN AS PRIVATE PARTY OR JOINED TO A LAWSUITS?
THAT GHANA 1992 CONSTITUTION IS VERY CLEAR ON THE ABOVE RELATED LEGAL ISSUES THAT "A SITTING PRESIDENT OF GHANA WHILE IN OFFICE CANNOT OR COULD NOT BE SUED IN ANY COURT IN GHANA IN CIVIL OR CRIMNAL MATTER(S).
THAT A SITTING PRESIDENT OF GHANA WHILE IN OFFICE IS NOT AMENABLE TO ANY COURT OF GHANA.
THAT IT IS MY RESPECTFUL SUBMISSION THAT THE NPP CASE WOULD HELP GHANA DEMOCRACY OF CLOSING THE DOORS OF JUSTICE TO FRIVOLOUS, MALICIOUS, VEXATIOUS AND CAPRICIOUS LAWSUITS SINCE THE DOORS OF JUSTICE ARE OPEN TO THOSE WHO HAVE LEGITIMATE LEGAL CAUSE TO LITIGATE AFTER THE DOORS OF THE BALLOT BOX ARE CLOSED.
RESPECTFULLY SUBMITTED.
GOD BLESS GHANA AND LONG LIVE GHANA !
VERY TRULY YOURS,
BENONY TONY AMEKUDZI
INTERNATIONAL LAWYER/LEGAL CONSULTANT
Don Blunt 12 years ago

Reading such a long rejoinder (written in CAPITAL letters) is too cumbersome.
2. You either did not read over your script before posting, or, you must agree with all of us having difficulties to understand what you mean to t ...
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Reading such a long rejoinder (written in CAPITAL letters) is too cumbersome.
2. You either did not read over your script before posting, or, you must agree with all of us having difficulties to understand what you mean to tell us.
3. Should we take it from you, that any sitting President of Ghana may decide to "stay in power for his life-time", if he can just bribe the electoral commissioner to be declared winner? Since he can't be sued at any court, as "sitting president"?

Let us rather open our minds, and look out for, and rectify all loopholes in our system.
It would have equally been wrong, had this case happened with NDC in opposition, for us to condemn NDC trying to seek redress at the law courts.
Or, would we not see that party going to the law courts; because blood would flow?
tiger shark 12 years ago

The Npp lawsuit is about some greedy individuals trying to gain power by all means,The suit doent point out flaws in our electoral system its all about collective folly of the npp leadership

The Npp lawsuit is about some greedy individuals trying to gain power by all means,The suit doent point out flaws in our electoral system its all about collective folly of the npp leadership
mky 12 years ago

Kwabena, I like your views which are very well articulated, but I hate the comparison you have drawn with Mobutu and Obiang...both of these leaders were not democratically elected....for readers to understand your larger inte ...
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Kwabena, I like your views which are very well articulated, but I hate the comparison you have drawn with Mobutu and Obiang...both of these leaders were not democratically elected....for readers to understand your larger intentions, always give them a background or a context...the circumstances under which Mobutu or Obiang came to power and contrast that with how we choose our presidents...this is absolutely important because your points of historical references are just out of place in our current political system
baffour kwame gyasi, agona 12 years ago

EMPTY STUFF!!!! THERE IS NOTHING SENSIBLE IN THIS PIECE.

EMPTY STUFF!!!! THERE IS NOTHING SENSIBLE IN THIS PIECE.
fredsaid 12 years ago

SHAMEFUL,IGNORANT,ILL MANNERED GHANAIANS are most of the writers here on ghweb. They are unschooled; cannot spell or write English. They do not understand anything about the laws of Ghana; have no idea about what the constitu ...
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SHAMEFUL,IGNORANT,ILL MANNERED GHANAIANS are most of the writers here on ghweb. They are unschooled; cannot spell or write English. They do not understand anything about the laws of Ghana; have no idea about what the constitution says about the law of the land.

They come to Ghana web and spew nonsense, hearsay, and repeat rumours as facts; they insult anyone who does not agree with them; calling everyone 'fool' who is not of his tribe. They are a bunch of tribalists, racists, full of venom and personal attacks.

Such are the people who put ghana to shame on Ghanaweb. Ghanaweb is irresponsible and promotes racism, tribalism, ethnocentrism divide and rule policies with a view of promoting a scenario(s) to destroy the Ghana dream.

This is not helped by people like Fosu Kwaakye, Koku Anyidoho, Ablakwa O, who fuel this by shooting their mouths off and not behaving as diplomants or communicators encouraging inclusiveness in Ghana politics. They won the election and are in power; yet they are behaving as if they are in the campaign mode why? Do they not believe they won the election fairly. Why are they not being gracious in victory like every winner does. Instead, they are bent on provoking further confrontation with the opposition who are just pursuing their personal and constitutional rights offered by the EC and the law.

Dr Afari Gyan said go to the court if you are not happy with the results and you have any complaints. This they have done; appealed to the supreme court so what is all this about a rain of disrespect and insults on radio about the leaders of parties that are pursuing their cases before the law courts?

I think the president should reign in these babies with sharp teeth and ask them to speak, as victors, with a reconcilliatory tone instead of insults
nketia 12 years ago

The useless Afari djan is the cause of all this problem and he were to be
in iraq or somewhere in the arab world , he would have deead by now . some body will just walk to him and shoot him.

The useless Afari djan is the cause of all this problem and he were to be
in iraq or somewhere in the arab world , he would have deead by now . some body will just walk to him and shoot him.
Kobena 12 years ago

Well done, Namesake,
This is one of the most intelligent articles I have ever read on Ghana Web, and certainly on the NPP suit. In Ghana, incumbent presidents and thier parties always use state resources (DCEs, Regional Mini ...
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Well done, Namesake,
This is one of the most intelligent articles I have ever read on Ghana Web, and certainly on the NPP suit. In Ghana, incumbent presidents and thier parties always use state resources (DCEs, Regional Ministers, even village school teachers) for their campaigns.

What was the point in distributing laptops to the dim wits in President Mahama's constituency, for instance? Poetic justice, they scored just 22% passes at BECE, mostly with Ds and Es!

We need to bring back the Centre for Civic Education of the late 1960s. Most Ghanaians, including so-called educated people, vote with very little consdieration for even their own wretched existence. Those whose children were maimed or killed by a collapsing school structure still voted for the NDC, even though the structure has not been re-built and their children still attend school in that death trap.

The cost of decent election monitoring is so prohibitive that the NPP was the ONLY party, apart from thieving NDC, that fielded monitors at all the polling stations. The set-up of the Electoral Commission is so porous that it would not have been accepted for JCR elections when I was university in Ghana back in the 1970s.

If Jerry Rawlings had been smart enough in about 1999, he could have easily gone for a referendum to stay for third term. Mercifully, by the time he got on to what his minnions had been whispering in early 2000, it was too late to hold a referendum.

The system really needs to change,
Cry the beloved country!
GHANAVIA 12 years ago

The answer is as simple as drinking water, a BIG YES!!!

The answer is as simple as drinking water, a BIG YES!!!
Fo Dela 12 years ago

How do you think a lawsuit that is factually empty, legally pathetic, poor in erithmetic and poorer in logic can transform our electoral system? Baaaad losers.

How do you think a lawsuit that is factually empty, legally pathetic, poor in erithmetic and poorer in logic can transform our electoral system? Baaaad losers.
osei yaw - london 12 years ago

This frivolous petition of dimwit Akyem Akufo Ado wouldn't transform a thing; his petition has no legal basis and wouldn't get anywhere

- the EC declared Mahama the winner based on Ghana electorate 'fair' majority votes ca ...
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This frivolous petition of dimwit Akyem Akufo Ado wouldn't transform a thing; his petition has no legal basis and wouldn't get anywhere

- the EC declared Mahama the winner based on Ghana electorate 'fair' majority votes cast in his faviour; having in mind that, no election is ever considered 'excellent' or 'good' but 'fair'; this what idiot Akufo Ado doesn't know; for

- Akufo Ado says his NPP carried out its own research to discover that the entire electorate Ghana and the EC were fraudelent; but, he wouldn't tell Ghana who legally authorised the NPP to carry out such foolish research

- Akufo Ado is now telling the Supreme Court to 'crawback' the legal and consttutional powers in the hands of the EC; this is against legal concept of 'Separation of Powers'; but, as Akufo Ado hasn't studied sufficient Laws in his fat head, he wouldn't know about this one; and

- Akufo Ado expects the Supreme Court to tell Ghana that Akufo Ado now wins; and that Mahama stood down for Akufo Ado to be President; but, this would never happen; and where

- semi educated in Laws and dimwit Akyem Akufo Ado falls apart; and, still such an idiot he still has pipe dreams

Osei Wusu- Khanin/osei yaw - london
TABOOWA 12 years ago

Mahama is a professional communication engineer. He does have to do much, he just tell them. Zoro security on the networks, what do you expect. All those papers not sign were signed at the polling station. Remember they recei ...
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Mahama is a professional communication engineer. He does have to do much, he just tell them. Zoro security on the networks, what do you expect. All those papers not sign were signed at the polling station. Remember they receive the fax and transfer it to the EC. Mahama and the EC boss didnt have any hand in it, that is why they think it never happen.
The elections were rigged. NPP and Nana haas every right to go to court: its going to help the electoral commission put his house in order.
william 12 years ago

Your article attempts to mislead the public. Your bias against the EC chairman is patently revealing and I dare say shameful!Another case of intellectual dishonesty.You have misrepresented the exchange between the EC chair an ...
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Your article attempts to mislead the public. Your bias against the EC chairman is patently revealing and I dare say shameful!Another case of intellectual dishonesty.You have misrepresented the exchange between the EC chair and the NPP.Please check the facts before you put pen to paper, unless your aim is to provide half truths for the declared agenda.....
william 12 years ago

Sorry I misread your very objective article. 100% AOPOLOGIES FOR MY SHAMEFUL COMMENT ABOVE WHICH I HEREBY RETRACT, BROTHER KWABENA

Sorry I misread your very objective article. 100% AOPOLOGIES FOR MY SHAMEFUL COMMENT ABOVE WHICH I HEREBY RETRACT, BROTHER KWABENA
Papa 2 12 years ago

Very good points made indeed

Very good points made indeed
Bone 12 years ago

I find this article very unreasonable and like the lawsuit as lacking any merit. What grounds does the author stand on to say we
have a broken electoral system when we have transitioned at least 2x with full understanding f ...
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I find this article very unreasonable and like the lawsuit as lacking any merit. What grounds does the author stand on to say we
have a broken electoral system when we have transitioned at least 2x with full understanding from all parties. It's not enough to say its broken but to state the actuals. NPP claims irregularities which is to be managed by all. Before election every party is fully aware of their particular contribution both to the IPAC forum which is fully minuted and the electioneering process itself. Very irresponsible to throw the figure of polling agents as if it was one party having to field all of them. Additionally all expected irregularities were ironed out at the IPAC forum before the election. Yes there were irregularities. Not a perfect world but we have to be careful what we put out there. Stop the lies. This nation is founded on a constitution on which constitutional provision which the NPP is heading to court on. Why do you raise issues about a one party state. Election is an open field. If your party misbehaved and have thus been voted out and still cant bring a sellable message that's their problem. Once the thumb rules let the people speak.
JIGGA JAY 12 years ago

ARE YOU SERIOUS BY SAYING THAT THE AUTHOR ERRED IN CLAIMING WE HAVE A BROKEN ELECTORAL SYSTEM? HE IS RIGHT IN HIS ACCLAMATION, BECAUSE EVEN DEVELOPED NATIONS LIKE THE UNITED STATES HAVE PROBLEMS AS EVIDENCED BY THE 2000 ELECT ...
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ARE YOU SERIOUS BY SAYING THAT THE AUTHOR ERRED IN CLAIMING WE HAVE A BROKEN ELECTORAL SYSTEM? HE IS RIGHT IN HIS ACCLAMATION, BECAUSE EVEN DEVELOPED NATIONS LIKE THE UNITED STATES HAVE PROBLEMS AS EVIDENCED BY THE 2000 ELECTIONS, SO WHAT ABOUT A DEPLORABLE 3RD WORLD NATION LIKE GHANA? OUR SYSTEM IS NOT FLAWLESS, AND AGGRIEVED PARTIES SHOULD DO ALL IN ITS POWER TO CORRECT THESE WRONGS!!!!!!!!!!!!! IT IS A CONSTITUTIONAL RIGHT.
william 12 years ago

'Broken' sounds harsh .But I suppose what he means is that we have room for improvement. Just like in other countries including where they have been practicing for centuries and with whom we are competing quite well1 When wel ...
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'Broken' sounds harsh .But I suppose what he means is that we have room for improvement. Just like in other countries including where they have been practicing for centuries and with whom we are competing quite well1 When well read you will understand he is not taking sides. Just contributing to the discourse in a responsible manner.
lio papa 12 years ago

just say u part of the NPP not been like u are a good citizen writing a good article.anyway u have a point but ve u check the other side were when u swear in a gorvenment and u come back to say its ilegitimacy been on the the ...
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just say u part of the NPP not been like u are a good citizen writing a good article.anyway u have a point but ve u check the other side were when u swear in a gorvenment and u come back to say its ilegitimacy been on the the seat,how do u think the other party supportes too will react.lets seek peace till the next election or fight ourselfs
JIGGA JAY 12 years ago

AN ARTICLE WELL-WRITTEN. THIS IS FOR GHANAIAN DEMOCRACY AND OUR LIVES AS A NATION. WE WERE THE LEADERS DURING THE INDEPENDENCE MOVEMENT, AND WE SHOULD LEAD THE WAY DURING THIS DEMOCRATIC MOVEMENT OR EXPERIMENT, GHANA IS A BEA ...
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AN ARTICLE WELL-WRITTEN. THIS IS FOR GHANAIAN DEMOCRACY AND OUR LIVES AS A NATION. WE WERE THE LEADERS DURING THE INDEPENDENCE MOVEMENT, AND WE SHOULD LEAD THE WAY DURING THIS DEMOCRATIC MOVEMENT OR EXPERIMENT, GHANA IS A BEACON OF DEMOCRACY, BUT THIS DEMOCRACY SHOULD BE REAL AND NOT A FALSEHOOD!!!!! WE ARE NATURAL LEADERS, AND SHOULD LEAD THE WAY!!!!!!!!!!!!
belembelem 12 years ago

Brother you are one of the best contributers i have come across in this forum we need fair mental folks like you who love mother ghana and don´t play party.You see these are the reason for forum not those illitrates who ins ...
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Brother you are one of the best contributers i have come across in this forum we need fair mental folks like you who love mother ghana and don´t play party.You see these are the reason for forum not those illitrates who insult orally and not contribute i am behind your ideas this just bperfect stuff we all need to accept,but many don´t understand democracy ,they take it to be an insult but not so.My heart goes out for your article and if i have my own way should be read in the so call media houses in the country .Why is every body thinking of the stomach and no the future.God bless you Sir.
JIGGA JAY 12 years ago

I AGREE MR BELEMBELEM THIS IS A WELL-WRITTTEN ARTICLE FOR THE GOOD OF OUR DEAR GHANA!!! THIS IS FOR ALL OF US IRRESPECTIVE OF OUR PARTY, TRIBAL, OR RELIGIOUS AFFILIATIONS. WE ARE ALL GHANAIANS FIRST BEFORE ANYTHING ELSE

I AGREE MR BELEMBELEM THIS IS A WELL-WRITTTEN ARTICLE FOR THE GOOD OF OUR DEAR GHANA!!! THIS IS FOR ALL OF US IRRESPECTIVE OF OUR PARTY, TRIBAL, OR RELIGIOUS AFFILIATIONS. WE ARE ALL GHANAIANS FIRST BEFORE ANYTHING ELSE
Ellen 12 years ago

Good analysis, let us keep our standards high with EC

Good analysis, let us keep our standards high with EC
Obiri Yeboah London. 12 years ago

Ghana need somebody like to explain the true democracy to the people,May the Heavenly father Almighty bless you and all your family.May the good LORD BLESS YOU WITH MORE WISDOM.AMEN AMEN AMEN.

Ghana need somebody like to explain the true democracy to the people,May the Heavenly father Almighty bless you and all your family.May the good LORD BLESS YOU WITH MORE WISDOM.AMEN AMEN AMEN.
APAG-YARIK CLIFFORD 12 years ago

I STRONGLY BELIEVE SO.THE EC REALLY NEEDS TOTAL REFORMATION.I HOPE THE COURT WILL OUTLINED ANY IRREGULARITIES IN THE ELECTIONS SO THAT THE EC CAN RECTIFY THEM BEFORE 2016 ELECTIONS

I STRONGLY BELIEVE SO.THE EC REALLY NEEDS TOTAL REFORMATION.I HOPE THE COURT WILL OUTLINED ANY IRREGULARITIES IN THE ELECTIONS SO THAT THE EC CAN RECTIFY THEM BEFORE 2016 ELECTIONS
CLEMO, A lover of Ghanaian Dem,Angola 12 years ago

This is a nice piece for demecracy of our country. I read also something from Pianin and he was neutral. He demonstrated that he understands what democracy is all about and respects the constitution of Ghana that gives provi ...
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This is a nice piece for demecracy of our country. I read also something from Pianin and he was neutral. He demonstrated that he understands what democracy is all about and respects the constitution of Ghana that gives provision for aggrieved persons to seek redress in the highest court of the land. But also I listened to a comment of the man called "Kwasi Pratt" He spoke rubbish and in fact, there was no iota of wisdom in what he said to help Ghanaian democracy. It looks as if that man speaks from his stomach or he speaks before thinking.Is it because he is an editor of a news paper that the radio stations invite him to come on air and confuse people with good for nothing and rubbish comment. It was shameful that so called known editor to say that "NPP went to court because they want to create chaos and anarchy in the country. And and also they want to share power" Does this man believe in democracy? Does he have respect for our constitution? Does he think that NPP seeking redress is doing something unconstitutional? If NPP going to court creat chaos as he caims, then it is the constitution that creates it. I am a Ghanaian but I do not live in Ghana and I have no political affiliation, but I feel that, that man should have known that he is rather creating panic in people. Because he who is against anybody who does something according to the constitution is a threat to the peace of the country. Or he thinks that the whole people of Ghana are stupid to have put in that provision. He does not even know that the constitution foresees this kind of a thing happening that it gives this provision so that after the court has made its investigation and decided, each party will be content and at peace. Or he had expected NPP to have ignored the constitution and go the way some African countries and some other countries in other parts of the world have gone? This man is not well in his mind.He speaks from emotion and therefore speaks rubbish.He should have known better about democracy. Long live Ghana our beloved nation.

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Will the NPP lawsuit transform our electoral system?

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