Ghana’s confused supreme court

Read Comments Comments (26)

• Concerned African 12 years ago

  Dumb Supreme Court. As soon as this case is over Ghanaians should demand the resignations of all the Supreme Court Judges.

  Dumb Supreme Court. As soon as this case is over Ghanaians should demand the resignations of all the Supreme Court Judges.

  reply
• Kakraba Cromwell 12 years ago

  I wonder why he would write such an article?
  The fact is the supreme court ruling makes a lot of sense.
  Our party (NPP) has deceived Ghana with the porous petition.
  He is aware that if the truth is to be told the 2012 elec ...
  read full comment

  I wonder why he would write such an article?
  The fact is the supreme court ruling makes a lot of sense.
  Our party (NPP) has deceived Ghana with the porous petition.
  He is aware that if the truth is to be told the 2012 election was was free and fair has he passed any comment so far? .
  Besides he is aware that Nana Addo wants to be president at all cost. So whatever the outcome of this case, Nana will proceed to plan B.
  
  This Plan B would be to make Ghana ungovernable, which would create conditions for a COUP!!!!
  Athur K, I have known you to be brave so let us for once see this side of you by telling the truth!!!!!

  reply
• IDRIS PACAS 12 years ago

  What this writer obviously forgot is that 'justice delayed is justice denied'. Anyway, Pres Mahama has all the confidence and support of all true Ghanaians. To many a Ghanaian, elections were over as far back as December 2012 ...
  read full comment

  What this writer obviously forgot is that 'justice delayed is justice denied'. Anyway, Pres Mahama has all the confidence and support of all true Ghanaians. To many a Ghanaian, elections were over as far back as December 2012 and the next general elections will be held in December 2016.

  reply
• C,Y. ANDY-K 12 years ago

  from the very beginning! And I said so! In fact, I wrote a whole article to say so! Just get more pop corns and candy floss to enjoy yourselves while it last.
  
  As for me, I am not wasting my time following the circus.
  
  An ...
  read full comment

  from the very beginning! And I said so! In fact, I wrote a whole article to say so! Just get more pop corns and candy floss to enjoy yourselves while it last.
  
  As for me, I am not wasting my time following the circus.
  
  Andy-K

  reply
• KWAJO 12 years ago

  WELL SAID; BRAVO

  WELL SAID; BRAVO

  reply
• Noname 12 years ago

  I am a Ghanaian but we are so stupid and we will be forever stupid. Instead of speeding up this petition the SC court is delaying it. What for? What for? It is obvious to correctly minded people that the NPP are correct. Th ...
  read full comment

  I am a Ghanaian but we are so stupid and we will be forever stupid. Instead of speeding up this petition the SC court is delaying it. What for? What for? It is obvious to correctly minded people that the NPP are correct. This is just delaying tactics.

  reply
• ROGUE LAWYER 12 years ago

  These type of People who called themselfs magistrates ,judges, and justices some of them Need to be check very well at psychiatic Hospital every month to be sure that they are of Sound mind
  
  I HATE RAWLINGSE BUT I AM GETTIN ...
  read full comment

  These type of People who called themselfs magistrates ,judges, and justices some of them Need to be check very well at psychiatic Hospital every month to be sure that they are of Sound mind
  
  I HATE RAWLINGSE BUT I AM GETTING IT VERY WELL TO UNDERSTAND HIM NOW WHY HE DID WHAT HE DOES

  reply
• KWASI OWUSU 12 years ago

  Arthur Kennedy remains one of the most intelligent among NPP leaders but he made the wrong call on some many of the salient points in this ruling. For example, it is not true that when there is a conflict between an act of pa ...
  read full comment

  Arthur Kennedy remains one of the most intelligent among NPP leaders but he made the wrong call on some many of the salient points in this ruling. For example, it is not true that when there is a conflict between an act of parliament and a constitutional instrument, the later must prevail. It is the reverse.
  
  Also, why should we sacrifice the time test legal medium of appeal for the sake of political expediency? I supposed that if the Supreme Court rules in an overwhelming fashion for one party, then it makes a review of its decision legally untenable.
  
  To me this case should never have found its way to the court because it is frivolous and vexation. Dr. Arthur Kennedy knows down the bottom of his heart that this was a very transparent election. The best so far in our country.
  
  There was no rigging.
  
  1. We had a transparent ballot boxes.
  
  2. No intimidation, threats, etc]
  
  3. No ballot stuffing, no snatching of boxes etc
  
  4.NPP polling agents monitored the counting with eagle eyes.
  
  5. Votes were counted openly in public
  
  6. No complaints were rendered by NPP polling agents
  
  The big questions is: WHY ARE THEY COMPLAINING AFTER THE FACT WHEN THEY HAVE NOT ESTABLISH FRAUD AND WILL NOT BE ABLE TO ESTABLISH FRAUD.
  
  Akuffo Addo and the NPP must bow their heads down in shame for this destabilizing and unproductive venture.
  
  What a shame.

  reply
• Agyeman 12 years ago

  No,no,no kennedy got it right,the constitution is the supreme law of the land,not an act of parliament.

  No,no,no kennedy got it right,the constitution is the supreme law of the land,not an act of parliament.

  reply
• ASHKENAZI 12 years ago

  THAT COMMITMENT THEY Made before ELECTION IN KUMASI DID NOT AVAIL TO ANYTHING REMEMBER. AFTER OCQUAYE JNR. AND CO. WENT TO TV TO AFFIRM THEIR PREPAREDNESS TO ACCEPT ELECTION RESULTS DECLARED BY EC. OTHER MEMBERS OF THE PARTY ...
  read full comment

  THAT COMMITMENT THEY Made before ELECTION IN KUMASI DID NOT AVAIL TO ANYTHING REMEMBER. AFTER OCQUAYE JNR. AND CO. WENT TO TV TO AFFIRM THEIR PREPAREDNESS TO ACCEPT ELECTION RESULTS DECLARED BY EC. OTHER MEMBERS OF THE PARTY WHO ACTUALLY MADE THAT KUMASI DECLARATION RENEGATED IT

  reply
• Wahabu 12 years ago

  Uninformed piece. please go back to the 1992 constitution and educate yourself before writing on legal matters like this.

  Uninformed piece. please go back to the 1992 constitution and educate yourself before writing on legal matters like this.

  reply
• HARD TALK 12 years ago

  THE SUPREME COURT IS TOO WEAK AND TOO SLOW TO DEAL WITH THE ELECTION PETITION CASE. THIS CASE WILL TAKE MORE THAN ONE YEAR AND NOTHING WILL COME OUT AT THE END. INSTEAD TO TELL THE TRUTH, NO THEY ARE AFRAID THE PRESIDENT THIS ...
  read full comment

  THE SUPREME COURT IS TOO WEAK AND TOO SLOW TO DEAL WITH THE ELECTION PETITION CASE. THIS CASE WILL TAKE MORE THAN ONE YEAR AND NOTHING WILL COME OUT AT THE END. INSTEAD TO TELL THE TRUTH, NO THEY ARE AFRAID THE PRESIDENT THIS AFRICA MENTALITY.

  reply
• Paul Amuna 12 years ago

  Arthur K, I fundamentally disagree with you on this. I however wholly endorse your call for the two protagonists in this case - President Mahama and Nana Akufo Addo to pledge once again (and preferably publicly) that they WIL ...
  read full comment

  Arthur K, I fundamentally disagree with you on this. I however wholly endorse your call for the two protagonists in this case - President Mahama and Nana Akufo Addo to pledge once again (and preferably publicly) that they WILL abide by the ruling in this case, and to urge their supporters to respect this stance and the laws of the land.
  
  As to the ruling of the SC, I believe the Constitution's own original declarations hold supreme and constitutional instruments (yes, the who's who's were involved in drafting in this case) cannot and must not violate or contradict the original provisions of the constitution in the way and manner in which CI74 has been crafted. You may not like it or agree with it but you cannot condemn the supreme justices for coming to this judgment on the matter.

  reply
• David Atugiya 12 years ago

  Paul, Arthur K is only trying to throw dust into unsuspecting Ghanaians. Arhtur K knows too well that no any CI is superior to any Constitutional Act. The Constitution is supreme and any CI said to be in conflict with the Con ...
  read full comment

  Paul, Arthur K is only trying to throw dust into unsuspecting Ghanaians. Arhtur K knows too well that no any CI is superior to any Constitutional Act. The Constitution is supreme and any CI said to be in conflict with the Contitution should be declared null and void irrespective of the crafters of the said CI.
  
  I suspect Arthur K and the NPP have suddenly realised that the 30 April SC ruling will enforce the position that some have long taken before the commencement of the election petition, that CI 75 in respect of the use of the Biometric Verification Machine cannot be the basis to annul the valid votes cast. Neither can the plea of the Petitioners relying on another part of CI 75 to annul valid votes cast simple because a Presidng Officer has forgotten to sign a pink sheet.
  
  Again, I do not see reason with the plea by Arthur and others that President Mahama and Nana Addo should not exercise their constitutional rights if they so choose, after the verdict of the election petition, which ever way it goes.

  reply
• Paul Amuna 12 years ago

  I agree with your assessment of the thinking behind some of the posturing e.g. in the case of Otchere-Darko and Arthur K's articles.
  
  All I care about is fairness and objectivity and clearly that is lacking in these articl ...
  read full comment

  I agree with your assessment of the thinking behind some of the posturing e.g. in the case of Otchere-Darko and Arthur K's articles.
  
  All I care about is fairness and objectivity and clearly that is lacking in these articles.

  reply
• Justine 12 years ago

  This man is more than intelligent.
  We need people like u to be able to develop.
  I urge the politicians to listen.

  This man is more than intelligent.
  We need people like u to be able to develop.
  I urge the politicians to listen.

  reply
• Noname 12 years ago

  SC Cowards should resign. They know the truth so they delay. It shows how stupid we Ghanaians are. We will always be stupid. Kenya has more sense than us. We call oursleves the black star of Africa. Ghana is nothing.

  SC Cowards should resign. They know the truth so they delay. It shows how stupid we Ghanaians are. We will always be stupid. Kenya has more sense than us. We call oursleves the black star of Africa. Ghana is nothing.

  reply
• BOY KOFI 12 years ago

  Where is your fake mountain of evidence?Bawumia has told the whole wide world the Prez Mahama did not steal anything from Nana Addo.Prez Mahama did not rig the elections,he did not declare himself the winner.If all this witne ...
  read full comment

  Where is your fake mountain of evidence?Bawumia has told the whole wide world the Prez Mahama did not steal anything from Nana Addo.Prez Mahama did not rig the elections,he did not declare himself the winner.If all this witness by Bawumia is not enough for Nana Addo to withdraw his petition then I can say NPP is not a serious party.Dr Kennedy has no right to attack SC,he should better tell Nana Addo to withdraw his case.Kennedy shoud go to court and challenge them instead of fooling the poor and sad NPP supporters useless.Now we all know the truth,Nana Addo lost the elections squarely.He has filed a petition just to hang on to the NPP flagbeareship,it's completely absurd.Thank you.

  reply
• Jt 12 years ago

  Why Ghana election dispute taking longer than Kenya? Two things differ one in Kenya the lost party did not take EC to court,two it did not suie the the winer. This attacks brought in many players who came in with many questi ...
  read full comment

  Why Ghana election dispute taking longer than Kenya? Two things differ one in Kenya the lost party did not take EC to court,two it did not suie the the winer. This attacks brought in many players who came in with many questions for many answers.

  reply
• mensah abrampa 12 years ago

  This is a landmark case in Ghana's judicial history which has ascended to international prominence and attention. All this comes against the backdrop of the macabre tale of June 30, 1982 when 3 High Court Judges were murdered ...
  read full comment

  This is a landmark case in Ghana's judicial history which has ascended to international prominence and attention. All this comes against the backdrop of the macabre tale of June 30, 1982 when 3 High Court Judges were murdered in cold blood.They were believed to have died in line of duty to their nation, countrymen, and to the rule of law.The unblinking eyes of the international community are riveted on this case to see how our judges will pull this one off .The 31st anniversary of this heinous crime is just 8 weeks away and our Supreme Court Justices are already sweating it out in the daytime and having recurring nightmares.They are like deer caught in the headlights.A verdict they must give but in order to absolve themselves from much blame especially at the local front they're doling out a leeway to soothe the disaffection that's likely to come from the losers. They wish they could chicken out but it's not for them to decide.What would you do if you had to wear their shoes for just a day?

  reply
• Whatever 12 years ago

  Stop making jaundice argument in this conversation. It is but for the leniency of the supreme court that is why that petition was even heard because that petition should not even have been allowed to undergo three significant ...
  read full comment

  Stop making jaundice argument in this conversation. It is but for the leniency of the supreme court that is why that petition was even heard because that petition should not even have been allowed to undergo three significant changes before being heard. And why on earth is the linking every one breaths to their petition. If the petition is their life, they shouldn't think that this is same with others on the other divide

  reply
• SUMBRUNGU 12 years ago

  The worst piece yet by a person that i've come to revere for his intellectual prowess. I wished this pitiable stuff didn't come from Dr Kennedy.

  The worst piece yet by a person that i've come to revere for his intellectual prowess. I wished this pitiable stuff didn't come from Dr Kennedy.

  reply
• Whatever 12 years ago

  You want the court to overwork itself like machines, working 7 days in a week and 30 days in a month simply because you have more petitions and suits up your sleeve that you want to use to cause relentless trouble? Not only t ...
  read full comment

  You want the court to overwork itself like machines, working 7 days in a week and 30 days in a month simply because you have more petitions and suits up your sleeve that you want to use to cause relentless trouble? Not only that, you want the court to sit on 6th march too? Is the court made of Nigerians?

  reply
• Okonko Palm 12 years ago

  Doctors and security officers don't break the law when they work on holidays because the constitution makes a special allowance for these category of workers.Emergency services and core workers are not only exempted under th ...
  read full comment

  Doctors and security officers don't break the law when they work on holidays because the constitution makes a special allowance for these category of workers.Emergency services and core workers are not only exempted under the provisions, but are required to work under their terms of contract.
  
  When it comes to the interpretation the constitution the SC takes into consideration several factors not least the political climate and repercussions. I believe they must have taken into consideration your concerns before coming to their decision.
  
  How could the sc wait till the end of the petition when the question posed goes to the heart of the constitution itself and the interpretation of those questions are important to resolve subsequent issues. I am afraid you failed to recognize that these are issues which must be addressed urgently otherwise contrary to your assertion it could disturb the peace of the country. For example the right of appeal is a fundamental right protected by the constitution so it is sacrosanct. This is a cardinal principle of natural justice so any subordinate body which drafted that law must have taken cognizance if it.So if it contradicts the constitution as in this case then the higher law prevails.It is not wise to delay the interpretation of the constitution since it is necessary to go forward with other provisions of the constitution that may arise subsequently. I therefore disagree that the timing was wrong.If anything at all it will help to calm a volatile situation where an aggrieved party thinks it has no right of appeal.That doesn't mean you should exercise it but at least you know you have the right of appeal.

  reply
• Nora Owusu 12 years ago

  There would not be an appeal only when the truth comes out. That is all.

  There would not be an appeal only when the truth comes out. That is all.

  reply
• Nora Owusu 12 years ago

  MAY I PLEASE KNOW IF SUPREME COURT IS A DRAMATIC COURT? ALSO WHY DO THE RESPONDENTS ALWAYS SAY WE DON'T HAVE MEANWHILE THE PITITIONERS FILED ALL EVIDENCE IN COURT FOR WHICH THE COURT IS SUPPOSED TO GIVE COPIES TO THEM SO THAT ...
  read full comment

  MAY I PLEASE KNOW IF SUPREME COURT IS A DRAMATIC COURT? ALSO WHY DO THE RESPONDENTS ALWAYS SAY WE DON'T HAVE MEANWHILE THE PITITIONERS FILED ALL EVIDENCE IN COURT FOR WHICH THE COURT IS SUPPOSED TO GIVE COPIES TO THEM SO THAT THE CROSS-EXAMINER CAN DO HIS WORK. JUSTICE ATUKUBA SEEMES TO SHOW INTEREST FOR RESPONDENCE. WE ARE NOT KIDS SO THE SUPREME COURT MUST BE VERY CAREFUL. NOW, I WILL APPEAL TO THE SUPREME COURT TO SERVE THE RESPONDENTS OF ALL THE EVIDENCE SO THAT THEY WILL STOP SAYING WE DON'T HAVE WHERE THEY THINK IT WILL BE THEIR WEAK POINT.

  reply