Has Kenyan Supreme Court Beaten Ghana’s Supreme Court?

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Richard 12 years ago

"The Ghanaian presidential election took place on December 7 and 8, 2013 and the results declared on 9 December 2013."

"The Ghanaian presidential election took place on December 7 and 8, 2013 and the results declared on 9 December 2013."
KOLA, LONDON PROPER 12 years ago

The Supreme Court of Ghana hardly hear cases so this case has turned out to be a feast for the HUNGRY LIONS.

Every minute, hour that passes by the hungry lions in the Supreme Court milk Ghana dry.Imagine the cost at the en ...
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The Supreme Court of Ghana hardly hear cases so this case has turned out to be a feast for the HUNGRY LIONS.

Every minute, hour that passes by the hungry lions in the Supreme Court milk Ghana dry.Imagine the cost at the end of this silly petition?
basoah george 12 years ago

You're totaly right "HUNGRY LIONS"

You're totaly right "HUNGRY LIONS"
Joe 12 years ago

I will not praise Kofi Ata on this biased article. After the victory of Mahama, Kofi seem to up the Akan agenda of innuendo attacking the judicial system.
Is Kofi saying he doesn't know the motive of the petitioners in Ghan ...
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I will not praise Kofi Ata on this biased article. After the victory of Mahama, Kofi seem to up the Akan agenda of innuendo attacking the judicial system.
Is Kofi saying he doesn't know the motive of the petitioners in Ghana? Kofi is telling us that Mahama is not the legitimately elected president and therefore not the people's choice, my goodness.
Kofi, I admit you write very educative pieces but your stand on the elections results in Ghana is bias and worrying.
DKB 12 years ago

Where did he say that Mahama is not the legitimate elected president in his article? You see when you know you are guilty or have a sense of guilt, everything you hear would sound like accusation to you. It's like indulging i ...
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Where did he say that Mahama is not the legitimate elected president in his article? You see when you know you are guilty or have a sense of guilt, everything you hear would sound like accusation to you. It's like indulging in a sinful act and going to church, everything the priest says would sound to you like he's talking to you directly. Don't stoop so low to bring tribalism into this because that is a losers argument.
KWABENA OHEMENG,LONDON. 12 years ago

Why heap praises on the Keyan Supreme Court for quickly taking a decision on Raila Odinga's presidential petition?Their constitution sets out clearly the maximum days within which a decision on a presidential petition should ...
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Why heap praises on the Keyan Supreme Court for quickly taking a decision on Raila Odinga's presidential petition?Their constitution sets out clearly the maximum days within which a decision on a presidential petition should be decided.Our constitution does not impose any maximum time frame within which a decision should be taken on a presidential petition.We should remember that the last Kenyan presidential election was followed by a nationwide violence which saw inter-tribal killings resulting in the death of thousands of Kenyans. The short constitutional time limit to resolve any presidential election dispute is meant to prevent the reoccurrence of election violence in Kenya. My main worry about our Supreme Court is how the judges dress.I believe strongly that the red gowns and the wigs they wear and inherited from the British are purely colonial and outdated.The Kenyans have changed theirs and they look smart,businesslike and untimidating.
DKB 12 years ago

So should we wait till there is violence before we address the issue around the length of time it takes for presidential electoral disputes to be resolved? Does it not make sense to learn from the Kenyan election violence and ...
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So should we wait till there is violence before we address the issue around the length of time it takes for presidential electoral disputes to be resolved? Does it not make sense to learn from the Kenyan election violence and amend our constitution to avoid such a situation or as usual will we be reactive? Or do you think Ghana cannot experience the violence that happened in Kenya? We should not start getting complacent.
NPP Cocaine Pusher 12 years ago

Did the Kenyan loser command his followers to demonstrate foolishly? Did he command his followers to hold press conferences while his petition was in court? Cocaine barons and national looting brigade THINK before you compare ...
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Did the Kenyan loser command his followers to demonstrate foolishly? Did he command his followers to hold press conferences while his petition was in court? Cocaine barons and national looting brigade THINK before you compare the 2 situations
Sunkwa 12 years ago

The justices are anxiously waiting for their daily diet packaged in large brown envelopes---their services are for the highest bidder.

The justices are anxiously waiting for their daily diet packaged in large brown envelopes---their services are for the highest bidder.
Papa Patapa Owusu 12 years ago

Kenya had a dose of the election ineptitude with associated violence hence the speedy judicious expediency of the case.

This was to avert the second violence.
Ghanaian politicians have very loose tongue and often incite a ...
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Kenya had a dose of the election ineptitude with associated violence hence the speedy judicious expediency of the case.

This was to avert the second violence.
Ghanaian politicians have very loose tongue and often incite and talk nonsense. Some are to young to remember June 4, or they are just fools living in a cocoon nests.

When wil the opposition members going to be rational and honest?

Tell me. When will the majority party going to be accountable?
Tell me. The dance of two evils.

shamu 12 years ago

Is just simple. Those judges appointed by Kuffour the corrupt president Ghana has ever got, are the ones delaying the verdict. Everything is already clear that, NPP lose the election, but yet still waiting for evidence. Is th ...
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Is just simple. Those judges appointed by Kuffour the corrupt president Ghana has ever got, are the ones delaying the verdict. Everything is already clear that, NPP lose the election, but yet still waiting for evidence. Is this not stupid? That was the reason they came out with such judges should incase. Unfortunately intelligent Ghanaian masses did not allow them to play their and win.
GHANA-BOY 12 years ago

ARE YOU SURE KUFFOUR IS THE MOST CORRUPT PRESIDENT WE HAVE EVER HAD> THINK AGAIN. YOU MAY PERHAPS BE BLIND. GOD SHOULD FORGIVE YOU, MY BROTHER.

ARE YOU SURE KUFFOUR IS THE MOST CORRUPT PRESIDENT WE HAVE EVER HAD> THINK AGAIN. YOU MAY PERHAPS BE BLIND. GOD SHOULD FORGIVE YOU, MY BROTHER.
NPP Cocaine Pusher 12 years ago

Don't you know Kufour's 'christian name' is CORRUPT & GREEDY THIEF?

Don't you know Kufour's 'christian name' is CORRUPT & GREEDY THIEF?
Ketaboy 12 years ago

Good points. But did NPP not boycott the Constitutional Assembly? Perhaps they could have remedied this flaw? They are still boycotting events and activities. This is poetic justice. The chickens have come home to roost. Did ...
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Good points. But did NPP not boycott the Constitutional Assembly? Perhaps they could have remedied this flaw? They are still boycotting events and activities. This is poetic justice. The chickens have come home to roost. Did they not read the constitution before filling to know that there will not be any time limit?
TOGBE GANYO. 12 years ago

WHAT ARE THE GNAAIANS WAITING FOR. THE ELECTION IS OVER, THE WINNER IS RULING THE COUNTRY. DOES AKUFFO ADDO THINK HE IS THE WINNER?? STUPID DUMB HEAD. ITS OVER HE SHOULD GO BACK TO HIS IDIOTNESS.

WHAT ARE THE GNAAIANS WAITING FOR. THE ELECTION IS OVER, THE WINNER IS RULING THE COUNTRY. DOES AKUFFO ADDO THINK HE IS THE WINNER?? STUPID DUMB HEAD. ITS OVER HE SHOULD GO BACK TO HIS IDIOTNESS.
Flash 12 years ago

Why do you allways open your stinking mouth to insult. You are a big fool and an idiot.

Why do you allways open your stinking mouth to insult. You are a big fool and an idiot.
basoah george 12 years ago

Running in the filth to chase out pigs

Running in the filth to chase out pigs
A.K J 12 years ago

They cannot declare anybody to rule for ruling sake. Who won the elections is what we are looking for and not who was declared. Fool. Serious fool.

They cannot declare anybody to rule for ruling sake. Who won the elections is what we are looking for and not who was declared. Fool. Serious fool.
Massa 12 years ago

Kufour is never Ghana,s corrupt president ever. Chairman Rawlings was the longest serving president, and he,s undoubtedly one of the most corrupt presidents Ghana has ever had.
Needless to say, he was the same person who st ...
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Kufour is never Ghana,s corrupt president ever. Chairman Rawlings was the longest serving president, and he,s undoubtedly one of the most corrupt presidents Ghana has ever had.
Needless to say, he was the same person who stalled Ghana,s development aspirations for nearly two decades. The reason why there,s not enough power to run our factories and homes, and water to serve the same.
Moreover, he,s on record for imposing on Ghanians a totalitarian constitution under the guise of democracy, vesting all the powers that be in the executive.
Another reason why Ghana has not experienced any meaningfull gowth. For it is only when power is decoupled that you see a quicker and proper development in country. Examples of these are all over for everybody to see. Unless there is a concerted effort to review this bogus and post dictatorial constitution, the nation will continue to wallow in abject poverty for ever, and this will in the long run affect a whole generation, as we are already seeing. Nevertheless, the politicians knowing the loopholes in the constiution will continue to exploit them to their advantage.
KofiKofi 12 years ago

Well, well. The SC has a very easy case. How could EC have rigged the December elections by not signing pink slips? What did the EC falsify by not signing some pink slips. Is NPP saying one man can nullify the results of a w ...
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Well, well. The SC has a very easy case. How could EC have rigged the December elections by not signing pink slips? What did the EC falsify by not signing some pink slips. Is NPP saying one man can nullify the results of a whole polling station by not signing a pink slip while the party reps have?? How is that rigging?? SC must throw this useless and nonsensical case out.

banana 12 years ago

the answer to your headlined question is straightforward yes...why is the delay?...the ghana judges are using the case to 'eat" and "chop", that's all...the case should not have lasted more than a week...the longer they procr ...
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the answer to your headlined question is straightforward yes...why is the delay?...the ghana judges are using the case to 'eat" and "chop", that's all...the case should not have lasted more than a week...the longer they procrastinate, the more they "eat" and "chop"...we need this, we need that...that's all they're doing now
Kofi Kwegyir 12 years ago

Another area that any constitutional review should cover is the nature of the "majority required for elctoral victory." Bear in mind that the "Danquah-Busia" Regions (Ashanti-Eastern regions) constitute a "permanent majority" ...
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Another area that any constitutional review should cover is the nature of the "majority required for elctoral victory." Bear in mind that the "Danquah-Busia" Regions (Ashanti-Eastern regions) constitute a "permanent majority" in terms of their total combined population and ethnic composition. Any political party that enjoys overwhelming political support in these TWO regions, stands a good chance of electoral victory over the EIGHT remaining Regions! Shouldn't we consider a stipulation that "a simple majority of 51% should include a 'majority victory in at least, FOUR out of TEN Region"?
Agyeman. 12 years ago

Thats a good point my compatriot.The achilles heel of Gh is this self defeating belief in things that favors one's interests.The electoral hegemony of one region and the absurdity of lacking a clause for a timeframe in electo ...
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Thats a good point my compatriot.The achilles heel of Gh is this self defeating belief in things that favors one's interests.The electoral hegemony of one region and the absurdity of lacking a clause for a timeframe in electoral petitions are a few examples.As good as they may be,things that favour oneself also rob you of chances to grow and learn.You only grow when you're as objective & dispassionate as possible.Life(and success) was never meant to always come on ya terms.Unless get a neutral & stringent constitution we will always box ourselves into corners and rob ourselves the chance to build character & resilience.Weak people never built gr8t empires or gr8t entities.Even the finest steel has to go thru great fires & the gr8t diamonds are built thru gr8t pressures.Unless Gh adopts a gr8t,stringent & neutral constitution with independent institutions we will always be a failed nation.Unless Ghanaians learn to live with pains and very demanding rules both individually and as a nation,we will always wonder why we're still a 3rd world nation after 56yrs and a full 6yrs before the runaway success that is Singapore.A new stricter constitution is a good start.
Massa 12 years ago

I solely blame all Ghana,s underdevelopment on its constitution. The constitution as it stands now seems to satisfy one person,s interest, the military dictator who took us on the journey to democracy. That was why it was ca ...
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I solely blame all Ghana,s underdevelopment on its constitution. The constitution as it stands now seems to satisfy one person,s interest, the military dictator who took us on the journey to democracy. That was why it was carefully designed to give him so much powers, living the opposition as the only checks and balances. Ridiculously it gave him the power to appoint everybody in the country including municipal and district chief executies.
Barima Ampem Osiahene--Toronto 12 years ago

Kofi Ata!This is an excellent write up.Bravo.Ghana Supreme Court Judges are cowards and corrupt.They need a shake up.God bless you Kofi.

Kofi Ata!This is an excellent write up.Bravo.Ghana Supreme Court Judges are cowards and corrupt.They need a shake up.God bless you Kofi.
kofikofi 12 years ago

only a stupid person who calls his country a "moron nation" will waste his time to write this nonsense for the "morons" to read. kwasea, kwasea w'ate ! Aboa Kwahuni barima.

only a stupid person who calls his country a "moron nation" will waste his time to write this nonsense for the "morons" to read. kwasea, kwasea w'ate ! Aboa Kwahuni barima.
Guy 12 years ago

Kofikofi you missed the point. Do you live on a different planet? You must try to engage in an intelligent discussion not such stupid insults. The Kenyan Constitution and Judiciary have addressed issues sensibly and expediti ...
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Kofikofi you missed the point. Do you live on a different planet? You must try to engage in an intelligent discussion not such stupid insults. The Kenyan Constitution and Judiciary have addressed issues sensibly and expeditiously. Don't you get it?
TRUTH PREFECT 12 years ago

THE GHANAIAN PETITIONERS FILED ON DEC 28TH SO THEY COULD WIN CHEAP PUBLICITY OVER THE NEW YEAR PERIOD. IF THEY WERE SO SURE OF THEMSELVES EVEN ON THE 9TH OF DEC, WHY DID THEY NEED THE 21 DAYS BEFORE FILING? THE PETITIONERS WE ...
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THE GHANAIAN PETITIONERS FILED ON DEC 28TH SO THEY COULD WIN CHEAP PUBLICITY OVER THE NEW YEAR PERIOD. IF THEY WERE SO SURE OF THEMSELVES EVEN ON THE 9TH OF DEC, WHY DID THEY NEED THE 21 DAYS BEFORE FILING? THE PETITIONERS WERE NOT SERIOUS AND WENT BACK TO CHANGE/AMMEND THEIR PETITION. THE PETITIONERS TOLD ALL OF GHANA (THROUGH GABBY OTHERE DARKO) THAT THEY WANTED THE HEARING TO BE HELD IN THE STADIUM SO ALL AND SUNDRY COULD FOLLW THE HEARING. THEN THEY WENT TO COURT TO ASK THE COURT TO HEAR THEIR CASE IN CAMERA (FOR JUSTICE ATUGUBA TO RECLUSE HIMSELF). THE PETITIONERS WOULD NOT DO DISCLOSURES AND WANTED TO AMBUSH. HOW DO YOU COMPARE US TO THE KENYANS?
KONTA 12 years ago

Truth Perfect, please next time comment on the theme, instead of talking political based on party nonsense talk. When are you going to learn that Political parties are not there for the progress of the countries. We are talki ...
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Truth Perfect, please next time comment on the theme, instead of talking political based on party nonsense talk. When are you going to learn that Political parties are not there for the progress of the countries. We are talking about Ghana's constitution and the supreme court and what you said has no relevant to the article. Ghanaians wake up.
Karl 12 years ago

Evidence is very important. If the case is not true they would have thrown it away long ago. Stay tone.

Evidence is very important. If the case is not true they would have thrown it away long ago. Stay tone.

Governor, Montreal 12 years ago

With reference to US, Ukrane and Kenya, Ghana is a joking nation.

With reference to US, Ukrane and Kenya, Ghana is a joking nation.
Yaa Nkosuo 12 years ago

Ever heard this saying, "They take no prisoners"? That's what it is. The Kenyans take no prisoners.
Why, because they wouldn't hesitate to hit the road with placards and tones!!!!

Ever heard this saying, "They take no prisoners"? That's what it is. The Kenyans take no prisoners.
Why, because they wouldn't hesitate to hit the road with placards and tones!!!!
akos 12 years ago

these trumu trumu judges are dragging their asses!!!!!!!..its time ghana people take to the streets..cuz they are taking people for fools!!

these trumu trumu judges are dragging their asses!!!!!!!..its time ghana people take to the streets..cuz they are taking people for fools!!
ELINAM 12 years ago

Even Obama said it in Accra that running elections every four years and follow no rule of law is nothing but a sham that, to guard against this sham, we need to build strong institutions.
In today's Ghana, not a single insti ...
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Even Obama said it in Accra that running elections every four years and follow no rule of law is nothing but a sham that, to guard against this sham, we need to build strong institutions.
In today's Ghana, not a single institution is up to their names as they stink with corruption and mediocrity way more than the gutters than run in front of them.
Since the 1966 coup, Ghanaians has been known as country full of leaders who dance to "his masters' voice". We chose a form of democracy that we can all be comfortable with, knowing full well that we lack the supporting institutions and the balls to jail anyone who flaunts the law regardless of their fake status.
Gaining independence before other nations means nothing now, as more and more African nations doing things that our leaders have no balls and guts and the innovation and the brain to bring to fruition.
Is our judiciary sucks? You bet.
OMAMA HU YE AHI 12 years ago

Mr Kofi Atta or who you call yourself much as I welcome your article on our constitutional flaws of hearing of fair judgement from the SC verdict on our election results. You welly stated ghana 4th republic constitution was d ...
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Mr Kofi Atta or who you call yourself much as I welcome your article on our constitutional flaws of hearing of fair judgement from the SC verdict on our election results. You welly stated ghana 4th republic constitution was drafted under P/NDC time under JJ regime. But i wish to know what did NPP legal gurus did to address this over the 8 years rule of Kuffour and for that matter leadership of NPP. If history would remind you almost every election in Ghana since this 4th republic initiation there is always challenged of election result yet no legal experts in the country have ever come out to challenge this timing factor of SC defacto delayance.Particularlly both NPP and NDC becouse of power drunk.
All that they know is let's close Togo boarder to block NDC support base.
Is good that all this revelations are opening our eyes.
If let's me alone the whole of our constitution need to be redrafted by immediate referendum. Most of our lawyers too are out of mordern legal practice. Most of them are just specialist in chieftancy and land litigations which was the money catching area post colonia earer and need to do PDC.
KONTA 12 years ago

Ghana's constitution need to be rewritten or amended as soon as possible. A rule of law without a strong constitution to defend it is chaotic.

Ghana's constitution need to be rewritten or amended as soon as possible. A rule of law without a strong constitution to defend it is chaotic.
Joe ballack UK 12 years ago

Let's telecast election petition case

Let's telecast election petition case
EKOG, London, UK 12 years ago

The article above identified a major flaw in the 1992 Ghanaian Constitution as the lack of a specific time frame within which electoral disputes must be determined. As a result of this failing and in my opinion, the case of t ...
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The article above identified a major flaw in the 1992 Ghanaian Constitution as the lack of a specific time frame within which electoral disputes must be determined. As a result of this failing and in my opinion, the case of the disputed electoral outcome may continue to linger in the Supreme Court through the life of this parliament. There were similar electoral issues encountered by both Ghana and Kenya, such as (a) Biometric Voter Verification equipment breakdown (b) Extension of voting period (c) Use of manual verification to complement the process and (d) Discrepancies, if any, in the documentation and collation of electoral results in certain constituencies. These questions need to be asked and determined:

Was the EC the only person or body mandated by the constitution to declare election results?
If so, the EC’s position must be acknowledged and the constitution amended to forbid any other person from doing same during elections.

What were the electoral rules of electoral engagement?

Would electoral votes be rendered invalid if pink sheets were not signed in polling stations but voting witnessed by observers and returning officers at the station?

Was the Biometric Voter Verification meant to determine voter identity and where the equipment broke down, could manual verification process complement or backup the agreed electronic process, since they both mirror one another in identifying the voter and therefore equal in terms of validity?

Where there is a breakdown of the verification machine should the voter’s right to vote be annulled or not counted as the only verification process left would be manual by hard copy records?

Were the elections fair and conducted within the set rules of the election process?

Were the results justifiable and certified by independent bodies and groups, party representatives?

Did the results fall within acceptable margin of error statistically?

SUPREME COURT
The world is watching the Ghana Supreme court. Already the High court has embarrassed the country when it foolishly ruled to detain the Argentine military warship, a simple case of international law! Whether monies changed hands or the judges sold their heads and buried their necks up in corruption would be judged by posterity.

The onus this time is on the Supreme Court (SC) and therefore the Judiciary to determine the outcome of the electoral dispute saga which has been sat on their bench for 3 month – how long will this linger and how far will they stretch the patience of the electorate? The country cannot afford to waste any more time while the SC continues to adjourn and play ping pong with the county’s fate. The SC should show leadership and authority and not be seen to be weak and not knowing what it is about. Why ask the two parties to agree on memoranda or things they openly disagree on? The parties have come to court because they could not agree on the outcome of the electoral process. The SC should make the determinations and stop dithering and the wasting of precious time which has the propensity to fuel the cloud of uncertainty and ultimately affect the country’s economy.

There is no perfect election anywhere in the world but as long as the results were within the agreed margin of error, it should be statistically significant and therefore acceptable. In the Dec 12 elections, the results were verified and accepted by representatives from all the parties, internal/external and international bodies as being fair. This should have been be accepted by all sides in a democracy.

In the mean time, I would call on fellow Ghanaians to remain calm and accept whatever the SC decides for the sake of our motherland. Should NPP loose this court case, it would not be the end of the party. They live to fight another day as 4 years is just upon us. There are great lessons to be learned by the EC, House of Parliament, the Judiciary and every Ghanaian. Collectively, we would be the wiser in the next polls and this is the price we all pay as a people of one destiny. Destruction and confusion will prolong the return of any political party to power and possibly put it out of reach for everyone and we could all become refugees.

The issue now at stake would be whether or not the disputed figures after disqualifying disputed votes such as damaged and ambiguous ballots will be enough to overturn the outcome of the elections. This must be straight forward to determine and there should be no room for error, cronyism or partisanship.
Yao 12 years ago

Good piece!!! But will the relevant people read this?

Good piece!!! But will the relevant people read this?
THE WHEELS OF JUSTICE GRIND SLOWLY 12 years ago

GHANAIANS SHOULD HAVE PATIENCE FOR THE JUSTICE SYSTEM TO TAKE ITS COURSE. REMEMBER THAT THE WHEELS OF JUSTICE IN GHANA GRIND SLOWLY, BUT SURELY. I AM SURE A DECISION WILL BE REACHED BY MID YEAR.

GHANAIANS SHOULD HAVE PATIENCE FOR THE JUSTICE SYSTEM TO TAKE ITS COURSE. REMEMBER THAT THE WHEELS OF JUSTICE IN GHANA GRIND SLOWLY, BUT SURELY. I AM SURE A DECISION WILL BE REACHED BY MID YEAR.
Kolo Nelly 12 years ago

They will regrate it when more evidence are coming in. We are doing the right thing, period.

They will regrate it when more evidence are coming in. We are doing the right thing, period.
Agyeman 12 years ago

No they didn't.If you followed the kenyan case the losers had all of Feb to scrutinize the voter register or sue to halt any process but never did.They only sued about a "flawed" registration after losing the election.If you' ...
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No they didn't.If you followed the kenyan case the losers had all of Feb to scrutinize the voter register or sue to halt any process but never did.They only sued about a "flawed" registration after losing the election.If you're asked if you're satisfied with a soccer game during the 90mins of play and you say yes then you can't go back and demand a replay only bcos you lost.These folks wanted a fresh registration process to get more numbers on their side and an election rerun in hope of overcoming their foes in the 2nd time.Its over,no more evidence to be heard and the decision was unanimous because it was convincing beyong doubt.
zinc 12 years ago

Ghana is a rotten country with its judiciary damn corrupt. SHAME!!!!!!!!!!!

Ghana is a rotten country with its judiciary damn corrupt. SHAME!!!!!!!!!!!
Faith M 12 years ago

The ghana elections were held on 7th and 8th of december 2012 and not 2013 as u published.

The ghana elections were held on 7th and 8th of december 2012 and not 2013 as u published.
okukuseku 12 years ago

The independence ot Ghana's supreme court was compromised seriously by succeeding governments and no wonder the fruits of indescretion has caught up with us in a rather bizzare and shameful manner.

The independence ot Ghana's supreme court was compromised seriously by succeeding governments and no wonder the fruits of indescretion has caught up with us in a rather bizzare and shameful manner.
John Tamechogi 12 years ago

RAWLINGS IS THE MESSER OF GHANA CONSTITUTION. POSTERITY TS SEEEING HIS GREEDINESS.GOD SAFE MOTHER LAND!!!!!!!!!!!!

RAWLINGS IS THE MESSER OF GHANA CONSTITUTION. POSTERITY TS SEEEING HIS GREEDINESS.GOD SAFE MOTHER LAND!!!!!!!!!!!!
Chief amankwa 12 years ago

A lot amendment has to be made with that out of date constitution ...but bcos it serves some vested interest they do not want to touch it .

A lot amendment has to be made with that out of date constitution ...but bcos it serves some vested interest they do not want to touch it .
AZZIZI THE WONDER WORKER 12 years ago

THERE ARE A SECTION OF GHANAIANS WHO ARE FATALLY WOUNDED. THE PETITIONERS OF THE CASE IN COURT AND THEIR SUPPORTERS ARE SEVERELY WOUNDED. ALL THEY DO IS TALK ILLOGICALLY AND INSULT. THEIR BASE IS NOW SO WEAK THEY CRITICISE AN ...
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THERE ARE A SECTION OF GHANAIANS WHO ARE FATALLY WOUNDED. THE PETITIONERS OF THE CASE IN COURT AND THEIR SUPPORTERS ARE SEVERELY WOUNDED. ALL THEY DO IS TALK ILLOGICALLY AND INSULT. THEIR BASE IS NOW SO WEAK THEY CRITICISE ANYTHING GHANAIAN INCLUDING THE PRESIDENT, THE CONSTITUTION, THE JUDICIARY, THE POLICE AND ARMY ETC. IF THEY DON'T LIKE GHANA THEY SHOULD EMIGRATE TO MALI OR BOUKINA FASO.
DKB 12 years ago

The writer of this article is an NDC sympathiser but tries to be objective most times. Do you really understand his article? Your comment is worse than what you accuse the petitioners of.

The writer of this article is an NDC sympathiser but tries to be objective most times. Do you really understand his article? Your comment is worse than what you accuse the petitioners of.
AKWETE POLICE 12 years ago

EI. ARE THERE PEOPLE IN THIS COUNTRY WHO STILL THINK THAT AKUFFO ADDO WON THE ELECTIONS? THEY ARE LIKE THE ISRAELITES SITTING ON THIER FLAT BUTTOCKS WAITING FOR THE MESSIAH TO COME. THE MESSIAH WAS IN THEIR MIDST AND THEY FA ...
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EI. ARE THERE PEOPLE IN THIS COUNTRY WHO STILL THINK THAT AKUFFO ADDO WON THE ELECTIONS? THEY ARE LIKE THE ISRAELITES SITTING ON THIER FLAT BUTTOCKS WAITING FOR THE MESSIAH TO COME. THE MESSIAH WAS IN THEIR MIDST AND THEY FAILED TO NOTICE HIS POWERFUL PRESENCE. ST. PAUL WILL SAY THAT THEY ARE PHARISEES AND BLIND FOOLS
B. B. 12 years ago

YOU HAVE SAID ALL KOFI, BUT WILL THESE GANGSTERS TAKE YOUR ADVISE ??

YOU HAVE SAID ALL KOFI, BUT WILL THESE GANGSTERS TAKE YOUR ADVISE ??
Sam Okudzeto 12 years ago

You people can only see problems when it is too late.

You people can only see problems when it is too late.
Yeboah Sunyani 12 years ago

mr writer, you are intellectually dishonest for not looking at the numbers being disputed in each case. no wonder you are one of the npp paid affiliates. we are waiting for the npp to start anything stupid and we shall face t ...
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mr writer, you are intellectually dishonest for not looking at the numbers being disputed in each case. no wonder you are one of the npp paid affiliates. we are waiting for the npp to start anything stupid and we shall face them squarely this time round.
DKB 12 years ago

Hahahaha silly Yeboah. The writer is an NDC sympathiser but with a lot is sense unlike block headed NDC apologists like you. His article is beyond your level of intelligence so I don't expect you to understand it.

Hahahaha silly Yeboah. The writer is an NDC sympathiser but with a lot is sense unlike block headed NDC apologists like you. His article is beyond your level of intelligence so I don't expect you to understand it.
Kofi Ata, Cambridge, UK 12 years ago

Yes, I got the year wrong 2013 instead of 2012, too far ahead of time. Sorry about that.

Yes, I got the year wrong 2013 instead of 2012, too far ahead of time. Sorry about that.
Future Judge 12 years ago

As well Kofi, don't blame Rawlings for any flaws you perceive make constitution worthless because he Flt Lt Rawlings didn't take part in the drafting of the constitution. The constituent assembly that drafted the constitution ...
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As well Kofi, don't blame Rawlings for any flaws you perceive make constitution worthless because he Flt Lt Rawlings didn't take part in the drafting of the constitution. The constituent assembly that drafted the constitution and its subsequent acceptance by way of a referendum were made up of Ghanaians. Some of them were lawyers, politicians, ordinary citizens, etc who assembled and drafted the constitution. Later, lawyers sat down and flamed it into what we have as Ghana's 1992 Constitution. Get this right that Rawlings is not a lawyer and though it was his time the constitution was made, he never wrote it. some of the flaws we see now
Kofi Ata, Cambridge, UK 12 years ago

Future Judge, I did not blame Rawlings for the weakness in the constitution. I said, it was so drafted to secure his continuous rule. Remember, most of the assembly members were government appointees and were answerable to Ra ...
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Future Judge, I did not blame Rawlings for the weakness in the constitution. I said, it was so drafted to secure his continuous rule. Remember, most of the assembly members were government appointees and were answerable to Rawlings's PNDC. However, I agree that Ghanaians should take collective responsibility for lapses in the constitution and the failure to amend sections that are weak.
Francis C. Quainoo 12 years ago

Kofi Ata, for all that you have just written, I am very glad that you rightly made a suggestion for our Constitution to be amended.

However, didn't the former President ATTA MYTHS appoint this Raymond Atubuga(SP) who now h ...
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Kofi Ata, for all that you have just written, I am very glad that you rightly made a suggestion for our Constitution to be amended.

However, didn't the former President ATTA MYTHS appoint this Raymond Atubuga(SP) who now heads the office of our Caretaker President Mahama to lead the Team of the Constitution Amendment Commission that cost the country a whopping $8MILLION??

The people of Ghana still are kept in the dark as to what exactly was achieved in that exercise, except to say that the so-called Commission Members had fun with that handsome MONEY at the expense of the Taxpayer.

I personally would like to state arguably that if Ghana doesn't have a taste of a CIVIL WAR to certain extent, she WOULD NEVER LEARN A LESSON.

Our own Kofi Annan was the arbiter for the previous Kenyan Elections which reached the crescendo of a Civil War. Perhaps that culminated the change to their Constitution which has made it possible for their Supreme Court to make the decision.

I many a time struggle to understand why many African Countries try to heap praises on Ghana's so-called Democratic dispensations when of course the officialdom doesn't understand the true tenets of the word "DEMOCRACY".

They even failed to let the Taxpayer, the ATTA MYTHS FAMILY, as well as the Ghanaian People in general know exactly WHAT KILLED THE FORMER PRESIDENT.

In fact WE WERE THE FIRST BLACK AFRICAN COUNTRY TO HAVE INDEPENDENCE, BUT THE LAST TO KNOW WHAT DEMOCRACY AND CIVILIZATION IS ALL ABOUT.

IT IS NOT OVER UNTIL IT IS OVER!!!!

Best Regards,

Francis C. Quainoo
Western Australia
Future Judge 12 years ago

As well Kofi, don't blame Rawlings for any flaws you perceive make constitution worthless because he, Flt Lt Rawlings, didn't take part in the drafting of the constitution. The constituent assembly that drafted the constituti ...
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As well Kofi, don't blame Rawlings for any flaws you perceive make constitution worthless because he, Flt Lt Rawlings, didn't take part in the drafting of the constitution. The constituent assembly that drafted the constitution and its subsequent acceptance by way of a referendum were made up of Ghanaians. Some of them were lawyers, politicians, ordinary citizens, etc who assembled and drafted the constitution. Later, lawyers sat down and flamed it into what we have as Ghana's 1992 Constitution. Get this right that Rawlings is not a lawyer and though it was his time the constitution was made, he never wrote it. Some of the flaws we see now are as a result of Ghanaians attitude of impatience for governments in governing and managing our development in every facets of our national life. We rush governments as if everything we need as a nation are already kept in silos and the government is there only to distribute. We are quick to write to condemn but we quickly forget or never realize the part we play in making decisions by governments ad hoc in nature when we make a lot of noise and agitate on every government programme and policy. Don't blame Rawlings.
BOY KOFI 12 years ago

The classic way of challeging a declared electoral results quickly is to simply ask for a recount but not to file a petition to overturn the declared results.In the US,the challenge was based on a recount;Kenya also used the ...
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The classic way of challeging a declared electoral results quickly is to simply ask for a recount but not to file a petition to overturn the declared results.In the US,the challenge was based on a recount;Kenya also used the same petition even Laurent Gbagbo requested for a recount but was denied.So tell me why Nana Addo did not file petition for a simple recount?Thank you.
Joe 12 years ago

The NPP knew that a recount would not give them victory. They considered all possible scenarios and came to the ridiculous decision that only disenfranchising 5 million voters from their opponents strong holds can guarantee t ...
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The NPP knew that a recount would not give them victory. They considered all possible scenarios and came to the ridiculous decision that only disenfranchising 5 million voters from their opponents strong holds can guarantee them victory. That is how come they chose the biblical "Sodom and Gomorrah" method of going back to collect more evidence whenever they realised the figures presented were not enough to achieve their ambition.
Asem U.S.A. 12 years ago

This show that the Judges are simply entertain FEARS that NNP Ashanti supporters will attack and kill them.

This show that the Judges are simply entertain FEARS that NNP Ashanti supporters will attack and kill them.
CALAMITY MILLS 12 years ago

Which group has ever killed judges in Ghana-PNDC/NDC or NPP?

Your chairman Kwabena Agyei says there are many ways of killing a "judge".

Which group has ever killed judges in Ghana-PNDC/NDC or NPP?

Your chairman Kwabena Agyei says there are many ways of killing a "judge".
Nana Akwah 12 years ago

By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest.
There couldn't have been any better article than this. T ...
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By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest.
There couldn't have been any better article than this. The difficulty most silent Ghanaians have on the election dispute concerns the slow pace of the court proceedings.
There are those who sees it as an opportunity to stifle the process. The first and second respondents, and the NDC Party are of the view that they can frustrate the process through unnecessary feet dragging.
The author of the article brought to the fore basic issues that as a country we did not address our minds to, when the Constitution was written which exposes us to our lack of foresight. The article sought to highlight the shortfalls which any critical mind will appreciate.
The issues raised are really important and needs attention. We have to serious weigh the advantages of having the proceedings telecast to avert any doubt at the end of the trial. I believe it will go a long way to educate the citizens of how each party to the dispute put up its defense.
It is really ridiculous and unbelievable that those who claim to have won the elections with clear majority are the ones frustrating the process.
The dispute before the Supreme Court is about the country and not about Nana Addo or John Mahama. Those making irrational comments with regards to the article and their derogatory insults are blind in the minds and intellect. What the NDC and its supporters must understand is that being acidic with their tongues do not change the truth. They must learn to read and understand than being obsessed with hate and vindictiveness. They can hate Nana Addo to the marrow it will changed the truth.
I will hazard an advice to ourselves, whenever you find yourself on the side of the majority, it is time to pause and reflect. Think little minds!
AAD 12 years ago

Yes, Kenya has absoluteltly, positively beaten Ghana to this one. Their Justices get it.

Yes, Kenya has absoluteltly, positively beaten Ghana to this one. Their Justices get it.
Simon, Germany 12 years ago

i always wanted to know. But now I understand.

i always wanted to know. But now I understand.
Mahoney 12 years ago

It took the NPP three weeks to assemble their facts, the EC and the first respondent responded, then joined by the NDC. The petitioners somehow came back requesting for the Supreme Court to grant them access to what is absurd ...
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It took the NPP three weeks to assemble their facts, the EC and the first respondent responded, then joined by the NDC. The petitioners somehow came back requesting for the Supreme Court to grant them access to what is absurd, the respondents' witnesses information and summary of their testimonies plus others. If the petitioners so had incontrovertible evidence as claimed from day one, they would have filed a writ that would been specific and to the point and the Supreme Court would have ruled by now because the statutes enjoined respondents to file a response within 7 days.

For me, the Ghana case is much ado about nothing. There was no fraud at all in the elections. Some political party called NPP think that anytime they loose elections there was cheating, and nothing more. What is painful to some of us is how the nation has been held hostage by this petition and that cast a lot of doubt on our electoral institutions, arguably one of the best in the African Continent.

God will prevail, however, in what happens in Ghana
DKB 12 years ago

As usual, objectivity goes out the window when your political lens are worn. The writer of this article (Kofi ata) although sympathetic to the NDC is one of the most objective amongst all the lot. Read and learn from him and ...
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As usual, objectivity goes out the window when your political lens are worn. The writer of this article (Kofi ata) although sympathetic to the NDC is one of the most objective amongst all the lot. Read and learn from him and don't let your political affiliation cloud your judgement.
CDKA 12 years ago

Well done Kofi Atta. Ghana needs such opened and transparent minded persons like you to enlightened those who are politically entrenched and are not ready to be learn.

Well done Kofi Atta. Ghana needs such opened and transparent minded persons like you to enlightened those who are politically entrenched and are not ready to be learn.
Iwan 12 years ago

Yes, by 100-0. Now that they know how to handle this case by Kenyan example they should spare us the delays.

Yes, by 100-0. Now that they know how to handle this case by Kenyan example they should spare us the delays.
Adama d'Gharty, 12 years ago

Definitely no comparision to Kenya's Supreme Court as has just been proven to us all. Ghana's Supreme Court officials have a shameful habit of undully dragging cases in order to frustrate, demoralise and dampen the spirit of ...
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Definitely no comparision to Kenya's Supreme Court as has just been proven to us all. Ghana's Supreme Court officials have a shameful habit of undully dragging cases in order to frustrate, demoralise and dampen the spirit of all concerned in court procedures. The longer the case stays in court the better it is for the corrupt officials and judges assigned to the case to enhance their bulky bank accounts.
Ekow 12 years ago

Oh my mother Ghana,where do we go from here?Big shame onto our Supreme Court justice.Even lawyers to sit on this case was a problem.Ghana.......

Oh my mother Ghana,where do we go from here?Big shame onto our Supreme Court justice.Even lawyers to sit on this case was a problem.Ghana.......
Jokoto 12 years ago

Ghana is not kenyan and that explains how/why two people have already been killed. And you blame framers of contitution .... did your NPP people take part. That is the price you are paying. No hurry in life Ghana is on course ...
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Ghana is not kenyan and that explains how/why two people have already been killed. And you blame framers of contitution .... did your NPP people take part. That is the price you are paying. No hurry in life Ghana is on course. Let Nana forget it ... nothing will change.
7B 12 years ago

best article... GOD BLESS GHANA

best article... GOD BLESS GHANA
Nyame Ekuma 12 years ago

Initially, Jake Otanka claimed there were irregularities and fraud in 10 constituencies which could push the election to a round off.

It is when that failed that NPP said they found something in 11,916 polling stations. Wh ...
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Initially, Jake Otanka claimed there were irregularities and fraud in 10 constituencies which could push the election to a round off.

It is when that failed that NPP said they found something in 11,916 polling stations. What do u expect the SC to do ? Nonsense

when NPP got to SC, the first thing was to accuse the Presiding judge of tribal bias. Stupidity. Why did NPP retract that tribal nonsense at the Supreme court ? Why didn't Jake maintain the 10 constituencies at the SC ? Nonsense.

Who then is delaying the case and holding Ghana hostage and burning ECG installations, if it is not that evil litigant and arrogant dwarf , Akufo Addo , then who else. Nonsense.

Even if NPP drags the case fore 5 yrs, Ghana will not break apart. God is with us. Nonsense
A.K J 12 years ago

So the supreme court wants to tell me that it does not know who is lying? How can Ghana go on like this? I am afraid a country cannot go on without truth in it. This is three to five days issue to judge. Why don't you tell Ak ...
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So the supreme court wants to tell me that it does not know who is lying? How can Ghana go on like this? I am afraid a country cannot go on without truth in it. This is three to five days issue to judge. Why don't you tell Akufo Addo your petition is stupid so no case or tell Mahama you are a thief so go away from the throne? No matter what people will insult you.Either side but Truth is needed.
Whatever 12 years ago

All those power hungry politician who want to use the court to usurp power are going to fall flat like Odinga. Kudos to the Kenyan Supreme court for upholding the will of the people

All those power hungry politician who want to use the court to usurp power are going to fall flat like Odinga. Kudos to the Kenyan Supreme court for upholding the will of the people
Marto 12 years ago

You have no idea of what you're talking about.Please understand democracy first before than accusing the great Raila Amollo Odinga of ascending to power by courts. I'am a Kenyan and the truth of the matter is ;there was limit ...
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You have no idea of what you're talking about.Please understand democracy first before than accusing the great Raila Amollo Odinga of ascending to power by courts. I'am a Kenyan and the truth of the matter is ;there was limited time to table evidence and conduct forensic IT audit.Generally;that is justice denied since the whole election was a sham !!!
DKB 12 years ago

If we Africans want the electoral process to work for us, we need to work hard to remove as many obstacles and problems with IT systems and the whole process. If we fail t do this, we will have our selfs to blame if the elect ...
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If we Africans want the electoral process to work for us, we need to work hard to remove as many obstacles and problems with IT systems and the whole process. If we fail t do this, we will have our selfs to blame if the electorates start losing faith in the whole process. This is what can lead to violence because the level of literacy is low and tolerance levels are being pushed to the limit.
Agyeman 12 years ago

Haha,so its sham yet you wanted to win sham elections?Are you better expert than all those legal minds?You lament "limited time" yet its written into the constitution you and Rayila approved.Why did they not protest within th ...
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Haha,so its sham yet you wanted to win sham elections?Are you better expert than all those legal minds?You lament "limited time" yet its written into the constitution you and Rayila approved.Why did they not protest within the stipulated time about "flawed registration" until after you lost elections?You can't change rules after a game loss then want a replay.And i wudn't term Rayila "great" after he oversaw all that bloodletting just so he could ascend to power.He was very cold hearted.

FYI i'm well informed on kenya since i visit every so often due to our company operations there.
BOY KOFI 12 years ago

Now NPP should understand that evidence do not mean they are credible.Kenya lessons must get into Nana Addo's head that the EC is the boss when it comes to electoral matters.I am 100% sure that our SC will soon throw away all ...
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Now NPP should understand that evidence do not mean they are credible.Kenya lessons must get into Nana Addo's head that the EC is the boss when it comes to electoral matters.I am 100% sure that our SC will soon throw away all the fake evidence and propaganda from Nana Addo.Thank you.
YawNana 12 years ago

SC has easy case. How could EC have rigged the December elections by not signing pink slips? What did the EC falsify by not signing some pink slips. Is NPP saying one man can nullify the results of a whole polling station by ...
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SC has easy case. How could EC have rigged the December elections by not signing pink slips? What did the EC falsify by not signing some pink slips. Is NPP saying one man can nullify the results of a whole polling station by not signing a pink slip while the party reps have?? How is that rigging?? SC must throw this useless and nonsensical case out.
NanaAddo 12 years ago

Your first two paragraphs was beautiful n then this writer switched badly.you lack merit,will give u 48 percent out of 100 .the petitioners npp caused delays,the NDC has also facts n circumstances.infact npp even inthe begini ...
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Your first two paragraphs was beautiful n then this writer switched badly.you lack merit,will give u 48 percent out of 100 .the petitioners npp caused delays,the NDC has also facts n circumstances.infact npp even inthe begining wanted to decide for the supreme court the composure of the case,I cheek of it.the constitution of Gha gives no time frame like kenya n you can't say kenya's three months period is better as errors can arise.the npp increased their number of irregularities with time,so it was good for them n same time good for NDC to get their facts collected.to me kofi ata has wasted this page writing nonsense for people who have nothing to do,I am glad I read the introduction n conclusion.
DKB 12 years ago

That is the reason why you made your stupid comment because you did not read the whole article. Surprising how ignorant people like you can boldly display your ignorance without even knowing and yet conclude the article is no ...
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That is the reason why you made your stupid comment because you did not read the whole article. Surprising how ignorant people like you can boldly display your ignorance without even knowing and yet conclude the article is nonsense. How can you read the first two paragraphs and the conclusion and assume the article is a waste. I'm tempted to educate you but won't waste my time on lazy readers like you.
Agyeman. 12 years ago

Nice one there 100% fully support you.Such are the failures in life bcos they only want to see that which suits their prejudice.In other words such are the fools who want their water to only boil at 3degrees even when scienti ...
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Nice one there 100% fully support you.Such are the failures in life bcos they only want to see that which suits their prejudice.In other words such are the fools who want their water to only boil at 3degrees even when scientific fact says 100c.
Luck 12 years ago

Kenya's was relatively easier in the light of their bitter experience in the last elections.This SC bearing what happened at the back of their mind had tried to both override the tension and also save land the process.Now tha ...
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Kenya's was relatively easier in the light of their bitter experience in the last elections.This SC bearing what happened at the back of their mind had tried to both override the tension and also save land the process.Now that the tension had virtually abated, i will not be surprised if the process takes a rather fast turn.The SC had beautifully set the scene and can take control of the process from next week because the parties were unable to come to an understanding of the issues so the ball is in the court of the SC.They will therefore have no more excuses for the delay.The hard bit had been done and I applaud the SC for the case management so far.
Luck 12 years ago

This is the summary of the Kenyan judgment.On the basis of these findings I suspect the ending of the Ghana SC will even be quicker than we think.

1. After extensive deliberations, we are happy to announce the Supreme Cour ...
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This is the summary of the Kenyan judgment.On the basis of these findings I suspect the ending of the Ghana SC will even be quicker than we think.

1. After extensive deliberations, we are happy to announce the Supreme Court has reached a unanimous decision on all the four issues that fell for determination in presidential election Petition No. 3, 4 and 5 as consolidated.

2. The following is the unanimous decision of the court:

(i) As to whether the presidential election held on March 4th 2013, was conducted in a free, fair, transparent and credible manner, in compliance with the provisions of the Constitution and all relevant provisions of the law; it is the decision of the court that the said elections were indeed conducted in compliance with the Constitution and the law.

(ii) As to whether the 3rd and 4th Respondents were validly elected and declared as President elect and Deputy President elect of the Republic of Kenya respectively, by the Second Respondent in the presidential elections held on the 4th March 2013; it is the decision of the court that the 3rd and 4th respondents were validly elected.

(iii) As to whether the rejected votes ought to have been included in determining the final tally of votes in favour of each of the Presidential candidate by the 2nd Respondent; it is the decision of the court that such rejected votes ought not to have been included in calculating the final tallies in favour of each presidential candidate.

(iv) As to what consequential declarations, orders and reliefs, that this honourable court ought to grant based on the above determinations, the following are the orders of the Court:

a. Petition No.5 of the consolidated petitions is hereby dismissed.

b. Petition No. 4 of the consolidated petitions is hereby dismissed.

c. As to Petition No. 3 of the consolidated petitions, the prayer by the Petitioners seeking a declaration of recomputation of percentages by the 2nd Respondent is declined as the court as no jurisdiction.

d. Regarding orders as to costs, the Court orders that each party bears his/her/it’s own costs.

3. The detailed judgement containing the reasons for decision of the Court will be issued within two weeks from today. 4. Orders accordingly. DATED and DELIVERED at NAIROBI this 30th March, 2013.

………………………………………………… W.M. MUTUNGA P.K. TUNOI CHIEF JUSTICE & PRESIDENT JUSTICE OF THE SUPREME COURT OF THE SUPREME COURT ………………………………………………… M.K. IBRAHIM J.B. OJWANG

JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT ………………………………………………… S.C. WANJALA N.S. NDUNGU JUSTICE OF THE SUPREME COURT JUSTICE OF THE SUPREME COURT

I certify that this is a true Copy of the original REGISTRAR SUPREME COURT OF KENYA
Nyansa 12 years ago

Why blame the Supreme Court and not the petitioners. First they sought to challenge the composition of the Judges, they withdrew that, and reviewed the number of polling stations they were challenging from 4,000 to over 11,00 ...
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Why blame the Supreme Court and not the petitioners. First they sought to challenge the composition of the Judges, they withdrew that, and reviewed the number of polling stations they were challenging from 4,000 to over 11,000, disenfrachising over 4m voters and you want the Supreme Court to run like an express train. Spare the judges and blame the petitioners.
GOMNA RAHWEI 12 years ago

Why Ghana judges.

Why Ghana judges.

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Has Kenyan Supreme Court Beaten Ghana’s Supreme Court?

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