Scandalizing the Court: Dead Elsewhere but Alive in Ghana

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Koo 12 years ago

Foolish professor. You are not making any sense. Don't what Ayikoi Otoo and other panelists on Joy newsfile pointed out to you on sat.

Foolish professor. You are not making any sense. Don't what Ayikoi Otoo and other panelists on Joy newsfile pointed out to you on sat.
ELINAM 12 years ago

Why and why?

Why and why?
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NDC FOOLS 12 years ago

THE 9 PANEL SUPREME COURT JUDGES CAPTIANED BY THE PARTISAN USELESS CONCERT MAKER ATUGUBA ARE GRADUALLY TAKING THE GHANAIAN PEOPLE FOR A RIDE.

THE 9 PANEL SUPREME COURT JUDGES CAPTIANED BY THE PARTISAN USELESS CONCERT MAKER ATUGUBA ARE GRADUALLY TAKING THE GHANAIAN PEOPLE FOR A RIDE.
John Mills 12 years ago

What he has written makes sense.

What he has written makes sense.
Kofi Ata, Cambridge, UK 12 years ago

Well researched article and very good arguments. However, I am still of the view that Ghanaian society as a whole is not as developed and tolerant as those of the western democracies. That is what Ghana is aspiring to.

Ou ...
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Well researched article and very good arguments. However, I am still of the view that Ghanaian society as a whole is not as developed and tolerant as those of the western democracies. That is what Ghana is aspiring to.

Our democratic/governance institutions are still weak. The media is indisciplined, the judiciary is not fully independent and the society is not tolerant enough due to low level of education and understanding. Again, every issue is seen in the prism of NDC/NPP.

Because of political immaturity, there is a real danger of supporters of one of the two main parties involved in the petition rejecting the final verdict of the Justices and potentially resorting to violence. For example, had the Supreme Court decision in Gore versus Bush been given in Ghana, there would have been conflict. The US has well developed democratic institutions to even withstand the shortfalls of the judiciary. Ghana is not yet there.

For the above reasons, I still believe that the Justices were right to charge the two for contempt of court though I disagreed with the custodial sentence because it sent the wrong message of fear instead of discipline.
C.Y. ANDY-K 12 years ago

I absolutely agree with Azar's arguments and position as it pertains in the civilized world, but Ghana is not in the rank of the civlized world yet and has a long way to go, since most Ghanaians, including most degree holders ...
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I absolutely agree with Azar's arguments and position as it pertains in the civilized world, but Ghana is not in the rank of the civlized world yet and has a long way to go, since most Ghanaians, including most degree holders are just one generation away from their peasant and feudal mentality parents! Scratch their skin and they are just peasants, fisherfolk, goat and cattle herders, petty trading, etc. themselves BUT without the essential mores, norms, restraints and values that regulate those pre-modern societies! So in the civilised world, graduates and the educated won't grab cutlasses and guns and start massacring opponents cos of election dispute, as we often witness in Africa and can too in Ghana.

So the fact that some civilised countries have done away with certain laws doesn't mean that we must likewise do so.

Andy-K
baby luv 12 years ago

oh Andy K well what I see is we in Ghana has to throw away all foreign laws and come out with ones that reflect our culture etc. Why should we continue to allow our so called learned sons ands daughters to import laws from ot ...
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oh Andy K well what I see is we in Ghana has to throw away all foreign laws and come out with ones that reflect our culture etc. Why should we continue to allow our so called learned sons ands daughters to import laws from other counties for us. In 50years we ought to look back and smile at our achievement in putting our unwritten laws on paper for use.
A. Nyamaa 12 years ago

Kofi
I am extremely worried about your comment. Shall we have another AFRC/PNDC under "Jerry Rawlings" for another 30 Years or so?

I am surprised that you must put us Ghanaians down to be able to justify the intolerance e ...
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Kofi
I am extremely worried about your comment. Shall we have another AFRC/PNDC under "Jerry Rawlings" for another 30 Years or so?

I am surprised that you must put us Ghanaians down to be able to justify the intolerance emanating from the Court.

Justice Jones Dotse tried to explain why mentioning the Daily Guide did not amount to selectivity. So do I commit contempt if I happen to think that his explanation is wrong?
Kojo T 12 years ago

The cases he quoted are all after judgement. Here the case is still in court and going on. Is this not sub judice? Common can you compare the responsible journalism of these countries and their politicians to ours.When you ca ...
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The cases he quoted are all after judgement. Here the case is still in court and going on. Is this not sub judice? Common can you compare the responsible journalism of these countries and their politicians to ours.When you call your head of state a " stealer"? You insult the Chairman of the EC and malign the President of the court.Stop qoting irrelevant cases . We were in CHAOS

william 12 years ago

He makes sense to a colonial mentality!! This is Ghana. We do what is good for Ghana and can also meet international standards of justice and equity, not what England did or did not do! No wonder some of you wore imported wig ...
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He makes sense to a colonial mentality!! This is Ghana. We do what is good for Ghana and can also meet international standards of justice and equity, not what England did or did not do! No wonder some of you wore imported wigs over black faces looking like imported lawyers from ancient England!!!
Emmanuel 12 years ago

Everybody can now see that you are illiterate.find somebody to read and explain the article to you,and comment on it again.But if you have nothing to say,don't say it here.

Everybody can now see that you are illiterate.find somebody to read and explain the article to you,and comment on it again.But if you have nothing to say,don't say it here.
insight to the bone 12 years ago

Since before independence we have been plagued by all sorts of ruthless , vicious and willfully authoritative govts that all have one thing in common , denying the right of free speech and proper analysis of the motives and a ...
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Since before independence we have been plagued by all sorts of ruthless , vicious and willfully authoritative govts that all have one thing in common , denying the right of free speech and proper analysis of the motives and agendas they seek to keep hidden . Most of these govts were led by people who didnt belong to the majority but rather minority tribes and very marginal political clans . starting with nkrumah who is praised to high heaven but this same oligarchy , he st in motion a climate of fierce political antagonism whereby moderate minds of a liberal persuasion had no business in participating as only the radicals could stand the heat .The MOTIVE , be able to spend without consensus or agreement the wealth of the nation ie in today's jargon chop Ghana money some . This style and system of government was perfected by kwasea rawlings and today we have pepeni whose agenda is finalse the colonization of the majority , the Akans with the assistance of the homicidal ayigbe and the idiot pepefuo . they now use the institution called the supreme court to gag all free thinking individuals so the climate is set to enslave and now steal the oil and gas. they tell us nkrumah was so good so i say to them we hope ghana breaks up and their first presidents are just like him. when we secede we give them all the gold reserves in Switzerland and pay them another 20 billion on top so these ewes and pepefuo are rich and let their nkrumah come and spend that money in 2 years and leave them in debt for 2000 years , that is our revenge . hopefully their first nkrumah presidents are just as manipulative and propagandists so a greater part of that money is used to secure the unity of the universe as thats a very good thing not only african or nigger unity . the rest of the money we graciously leave them should be used in establishing useless unsustainable businesses that only feed other economies and drain their own . yes we wish them well as they have to us for over 60 years . we in the meantime Akans will build a nation truly worthy of our capabilities and potentials with a minimum wage of not less than 10,000 dollars so our beers in our bars are at least 100 dollars so these pepefuo and ayigbe idiots can not afford to visit us just like the Japanese do to their ndc idols the Chinese , long live the republic of Akan
C.Y. ANDY-K 12 years ago

Coming from the mind of a clearly demented person, there is not much one can say in opposition except that it is indeed a pity for some like your lot to use this incidence as yet another opportunity to engage in your vile eth ...
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Coming from the mind of a clearly demented person, there is not much one can say in opposition except that it is indeed a pity for some like your lot to use this incidence as yet another opportunity to engage in your vile ethnocentric vituperation, and alienate further those whose votes you need to come back to power. Well done, you pea-brained twerp!

Andy-K
moyo 12 years ago

This wrong Professor giving lectures on his favourite topic. In the UK, no one has the right to make a pre-judicial comment about case pending at the court. If that is true, how can someone you scandalize the court? Cheap pro ...
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This wrong Professor giving lectures on his favourite topic. In the UK, no one has the right to make a pre-judicial comment about case pending at the court. If that is true, how can someone you scandalize the court? Cheap professor.
Kakraba Cromwell 12 years ago

I think so.
This whole article is intellectually dishonest!!!!
He only spews out garbage only to get attention.
If he is not a coward let him come down to Ghana and make his irresponsible statements.
In the past our ance ...
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I think so.
This whole article is intellectually dishonest!!!!
He only spews out garbage only to get attention.
If he is not a coward let him come down to Ghana and make his irresponsible statements.
In the past our ancestors where dragged to the USA as slaves. Now Asare as gone to the USA as a voluntary SLAVE AND he is shouting on top of the roof to be noticed making very spurious arguments
Please ASARE ghana wants PEACE NOT PIECES
NPP AKROMFUOR 12 years ago

Is it true that "Prof" Stephen Kwaku Asare aka Kwaku Azar, stole some money belonging to AES in Legon in the early 1980s and absconded to the USA? Also, is he an account tutor or a law tutor?

Is it true that "Prof" Stephen Kwaku Asare aka Kwaku Azar, stole some money belonging to AES in Legon in the early 1980s and absconded to the USA? Also, is he an account tutor or a law tutor?
Mehunu_Meka 12 years ago

To pretend to be what they are not!
And the common thread you find amongst this group of persons is that they deliberately create a support base made up not so well-informed members of society. These 'blind' followers are ea ...
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To pretend to be what they are not!
And the common thread you find amongst this group of persons is that they deliberately create a support base made up not so well-informed members of society. These 'blind' followers are easily swayed by inappropriate references made to court decisions or reports in the Parliamentary Hansard.
We have all heard what a broad spectrum of lawyers - Sam Okudjeto Ayikoi Otoo, Nana Ato Dadzie, Amaliba, others -have said about this particular subject matter,and so we can safely discount the intellectual dishonesty of of people like Kwaku Azar who just want to make a name for themselves. Luckily for some of us,we have had the opportunity to experience life in some of these jurisdictions they keep making references to.
As to what Azar really does for a living,we have all heard claims from various quarters that he teaches accounting at some university in the state of Florida,and he has not come out to refute the allegation.
Whatever the true situation is, it is not uncommon,as far as Ghanaians are concerned, for "dancers to play the role of historians"!
Dr Yaw Ohemeng 12 years ago

The man is defending his convinctions and you are insulting him? Maybe you did not understand what he wrote, otherwise you will bring your counter views

You see, it is clear where the Executive and the Legislature derive t ...
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The man is defending his convinctions and you are insulting him? Maybe you did not understand what he wrote, otherwise you will bring your counter views

You see, it is clear where the Executive and the Legislature derive their powers from. They are elected by the people. Judges are appointees and there is no way of checking their powers except through criticism of their decisions.

Prof. Asare has shed more light on this issue than the apologetic law practitioners in Ghana. Through his articles, we know that there are two forms of contempt - Civil and criminal. Through him we know that criminal contempt can be committed in the face of the court or outside. Through him, we know that contempt in the face of the court can be tried and punished instantly but contempt outside court has to go through due process.

What the SC did to Sammy Awuku, Atubiga and Ken Kuranchie, was flawed, at least in procedural terms. You may see this as part of the usual NDC-NPP tussle but this goes to the heart of the fundamental right to free speech and expression that every citizen of Ghana should enjoy.

It might have happened to Ken Kuranchie and co and you think I am not affected. As you wrote your insult, you think this may never happen to you but do you even know what constitute contempt? Do we want our Judges to have so much unfettered powers to do as they please?

We have the GBA, just before, Atubiga and Ken appeared, calling for them to be jailed. Was this not contempt? Why have they not been cited. The lawyers for the petitioners and respondents, also held a press conference before Ken and Atubiga appeared indicating that they would support any punishment meted out. Was this also not contempt?

Our Constitution gives the right to the press and individuals to express themselves. It only prescribes that this right be curtailed in very narrow circumstances. It also charges that the right not be flimsily curtailed using national security or public morality as an excuse. This is the reason why I support Ace Ankomah's call for Parliament to take up the issue of contempt by enacting a Contempt of Court Act, that will define it and also specify forms of defence. Until we do this, we are erecting monsters out of our Judges if we think that it is proper for them to be both prosecutors and Judges on a case in which they have an interest.
Okonko Palm 12 years ago

Asare was definitely wrong in all his assertions.As a new comer to law he has difficulties understanding the intricacies of the law.

The crime of contempt of court is a common law offense.It is also a strict liability offe ...
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Asare was definitely wrong in all his assertions.As a new comer to law he has difficulties understanding the intricacies of the law.

The crime of contempt of court is a common law offense.It is also a strict liability offense that means it requires no mens rea or intent.

Common law offense because it is judge made law in all common law jurisdiction including the US so the question and the solution is the same every where.

Strict liability because the only defense is that you did not commit the offense.But once it could be determined that you have committed the crime you are guilty of the offense.The procedure then will be to purge the contempt in mitigation for sentence.

Perhaps these recent cases of contempt in UK will help you.

The Daily Mirror has been fined £50,000 and the Sun £18,000 for contempt of court for articles published about a suspect arrested on suspicion of murdering Joanna Yeates.

Three senior judges ruled that the tabloid newspapers breached contempt laws with their reporting of the arrest of Christopher Jefferies, Yeates's landlord, who was later released without charge and was entirely innocent of any involvement.

You might as well criticize the jurisdiction in the UK for those heavy fines on contempt of the court.

Dr Yaw Ohemeng 12 years ago

Okonko in the Daily Mirror article, it is clear what happened. If you comment negatively, on a party to a suit or the evidence presented by a party, to invite displeasure to him or to court dislike of the public, it is contem ...
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Okonko in the Daily Mirror article, it is clear what happened. If you comment negatively, on a party to a suit or the evidence presented by a party, to invite displeasure to him or to court dislike of the public, it is contempt.

This is not the same as commenting on the case of Sammy Awuku, which had been concluded. Unless someone is saying that Sammy Awuku's case is part of the election petition. Otherwise why was Ken Kuranchie in contempt on commenting on a case which has been concluded?

If cases of contempt are dealt with summarily, where would the case law emanate from that all and sundry are quoting?

You have not understood Prof. Asare. He is arguing most importantly that since these alleged offences occurred outside court, they should have been tried like any other case. Further, contempt by publications are more upheld when you have a jury trial rather than trial by Judges, who by their professsional training, should be able to ignore the ugly noises on the side.

Please read the article well and argue against the points as they are presented. Do not lump your arguments together by picking through convenient points.
Okonko Palm 12 years ago

Again that is where you are wrong or asare is wrong.Criminal contempt does not follow the normal court due process.It has its own procedures.Please Google Strict liability contempt and you may understand my argument.Asare was ...
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Again that is where you are wrong or asare is wrong.Criminal contempt does not follow the normal court due process.It has its own procedures.Please Google Strict liability contempt and you may understand my argument.Asare was wrong to give you that impression.
Joe Mensah 12 years ago

Strict liability contempt is statutory. That is, some countries legislate it. Common law contempt requires intention. That is why Atuguba kept highlighting that the accused did something intentionally.

Let us not be confus ...
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Strict liability contempt is statutory. That is, some countries legislate it. Common law contempt requires intention. That is why Atuguba kept highlighting that the accused did something intentionally.

Let us not be confused by google.
Dr Yaw Ohemeng 12 years ago

Okonko is not aware that in the UK there is a Contempt of Court Act. If you are going to quote cases to buttress your point, do some research. Prof. Asare has made several points that Okonko and others are ignoring and just l ...
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Okonko is not aware that in the UK there is a Contempt of Court Act. If you are going to quote cases to buttress your point, do some research. Prof. Asare has made several points that Okonko and others are ignoring and just latching onto the freedom of expression bit.
Okonko Palm 12 years ago

intention only comes in mitigation to address the quantum of guilt and therefore punishment.When you Google it takes to English law website which Asare is as well using.Can you be confused if it takes you to the law commissio ...
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intention only comes in mitigation to address the quantum of guilt and therefore punishment.When you Google it takes to English law website which Asare is as well using.Can you be confused if it takes you to the law commission web site which is the basis of Asare's write up.
Dr Yaw Ohemeng 12 years ago

"Intention only comes in mitigation to address the quantum of guilt...". If this were to hold, then no one will ever be acquited of contempt charges. In that case contempt would be the only crime where the defendant is presum ...
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"Intention only comes in mitigation to address the quantum of guilt...". If this were to hold, then no one will ever be acquited of contempt charges. In that case contempt would be the only crime where the defendant is presumed guilty even before trial and that the only avenue for defence is to retract and submit to the mercy of the court.

Give the full url for the site you are referring to. I shall read it myself and revert back to you. But if this holds, then it is really dangerous. I do not think that is the case, without differentiating between different forms of contempt.
Okonko Palm 12 years ago

Contempt of Court Act 19811981 CHAPTER 49An Act to amend the law relating to contempt of court and related matters.[27th July 1981]Annotations: Help about AnnotationModifications etc. (not altering text)C1By Criminal Justice ...
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Contempt of Court Act 19811981 CHAPTER 49An Act to amend the law relating to contempt of court and related matters.[27th July 1981]Annotations: Help about AnnotationModifications etc. (not altering text)C1By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.Commencement InformationI1Act not in force at Royal Assent. Act partly in force at 27.8.1981 see s.21(2)(3). Strict liability1 The strict liability rule.In this Act “the strict liability rule” means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so.
2 Limitation of scope of strict liability.(1)The strict liability rule applies only in relation to publications, and for this purpose “publication” includes any speech, writing, [F1programme included in a cable programme service] or other communication in whatever form, which is addressed to the public at large or any section of the public.
(2)The strict liability rule applies only to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.
(3)The strict liability rule applies to a publication only if the proceedings in question are active within the meaning of this section at the time of the publication.
(4)Schedule 1 applies for determining the times at which proceedings are to be treated as active within the meaning of this section.
[F2(5)In this section “programme service” has the same meaning as in the Broadcasting Act 1990.]
Dr Yaw Ohemeng 12 years ago

Okonko, you have to read the act in its entirety! It seems to me that you are intermingling the various forms of contempt. For civil cases between private entities, which the election petition is, contempt is 'usually' restri ...
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Okonko, you have to read the act in its entirety! It seems to me that you are intermingling the various forms of contempt. For civil cases between private entities, which the election petition is, contempt is 'usually' restricted to comments about the parties to the suit.

Since you brought in Google, How about this from Wikipedia?

'Contempt of court is a court order which in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt," such as a person "held in contempt," it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behaviour, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems. The client or person must be proven to be guilty before he/she will be punished.

In civil cases involving disputes between private citizens, the behaviour resulting in the ruling is often directed at one of the parties involved rather than at the court directly.

A person found in contempt of court is called a "contemnor." To prove contempt, the prosecutor or complainant must prove the four elements of contempt:

1. Existence of a lawful order

2. The potential contemnor's knowledge of the order

3. The potential contemnor's ability to comply; and

4. The potential contemnor's failure to comply

The application of contempt laws also vary from country to country. For the United Kingdom, which you appear to be latching onto, this is what is in Wikipedia:

'In English law (a common law jurisdiction) the law on contempt is partly set out in case law, and partly specified in the Contempt of Court Act 1981. Contempt may be a criminal or civil offence. The maximum sentence for criminal contempt is two years.

Disorderly, contemptuous, or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by describing the behaviour observed on the record. Direct contempt is distinctly different from indirect contempt, wherein another individual may file papers alleging contempt against a person who has willfully violated a lawful court order.

Criminal contempt of court: The Crown Court is a superior court of record under the Senior Courts Act 1981 and accordingly has power to punish for contempt of its own motion. The Divisional Court has stated that this power applies in three circumstances:

1.Contempt "in the face of the court" (not to be taken literally; the judge does not need to see it, provided it took place within the court precincts or relates to a case currently before that court);

2.Disobedience of a court order; and

3.Breaches of undertakings to the court.

Where it is necessary to act quickly the judge (even the trial judge) may act to sentence for contempt.

Where it is not necessary to be so urgent, or where indirect contempt has taken place the Attorney General can intervene and the Crown Prosecution Service will institute criminal proceedings on his behalf before a Divisional Court of the Queen's Bench Division of the High Court of Justice of England and Wales.

Magistrates' Courts are not superior courts of record, but nonetheless have powers granted under the Contempt of Court Act 1981. They may detain any person who insults the court or otherwise disrupts its proceedings until the end of the sitting. Upon the contempt being either admitted or proved the judge or JP may imprison the offender for a maximum of one month, fine them up to GBP £2,500, or do both.

It is contempt of court to bring an audio recording device or picture-taking device of any sort into an English court without the consent of the court.

It is not contempt of court (under section 10 of the Act) for a journalist to refuse to disclose his sources, unless the court has considered the evidence available and determined that the information is "necessary in the interests of justice or national security or for the prevention of disorder or crime."

Strict liability contempt: Under the Contempt of Court Act 1981 it is criminal contempt of court to publish anything which creates a real risk that the course of justice in proceedings may be seriously impaired. It only applies where proceedings are active, and the Attorney General has issued guidance as to when he believes this to be the case, and there is also statutory guidance. The clause prevents the newspapers and media from publishing material that is too extreme or sensationalist about a criminal case until the trial is over and the jury has given its verdict.

Section 2 of the Act limits the common law presumption that conduct may be treated as contempt regardless of intention: now only cases where there is a substantial risk of serious prejudice to a trial are affected.

Civil contempt: In civil proceedings there are two main ways in which contempt is committed:

1.Failure to attend at court despite a subpoena requiring attendance. In respect of the High Court, historically a writ of latitat would have been issued, but now a bench warrant is issued, authorizing the tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit. In practice a groveling letter of apology to the court is sufficient to ward off this possibility, and in any event the warrant is generally 'backed for bail' i.e. bail will be granted once the arrest has been made and a location where the person can be found in future established.

2.Failure to comply with a court order. A copy of the order, with a "penal notice"—i.e. notice informing the recipient that if they do not comply they are subject to imprisonment—is served on the person concerned. If, after that, they breach the order, proceedings can be started and in theory the person involved can be sent to prison. In practice this rarely happens as the cost on the claimant of bringing these proceedings is significant and in practice imprisonment is rarely ordered as an apology or fine are usually considered appropriate.'

What this means from the UK is that the bar of holding someone in contempt is very high in private suits. This election petition is not a criminal trial. Do not confuse the various forms of contempt.
Okonko Palm 12 years ago

strict liabilities refers to publications and see the definition of publication under the law .Even under what you have posted my point had been made that criminal contempt is a strict liability offense and therefore intentio ...
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strict liabilities refers to publications and see the definition of publication under the law .Even under what you have posted my point had been made that criminal contempt is a strict liability offense and therefore intention is not required. I will quote part of your posting under strict liability contempt and read it carefully.This is from your posting.

Strict liability contempt: Under the Contempt of Court Act 1981 it is criminal contempt of court to publish anything which creates a real risk that the course of justice in proceedings may be seriously impaired. It only applies where proceedings are active.

Section 2 of the Act limits the common law presumption that conduct may be treated as contempt regardless of intention: now only cases where there is a substantial risk of serious prejudice to a trial are affected.
Dr Yaw Ohemeng 12 years ago

I made several points~:

1. The case pending before the court (i.e. the election petition) is not a criminal trial. It is a civil trial between private entities. In the UK, for such case, contempt will only be held from act ...
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I made several points~:

1. The case pending before the court (i.e. the election petition) is not a criminal trial. It is a civil trial between private entities. In the UK, for such case, contempt will only be held from actions or behaviour directed at one of the parties and not the court. Thus criminal contempt cannot be found in this case.

2. Section 2, which you quoted above rather means that intention should be proved in all but only actions specified under (1).

3. In the Section (1), there should be published guidance by the Attorney General or a statute, which defines what constitutes contempt and the acceptable forms of defence.

Do you understand the SC order of 24th June that many are referring to? Where was it published and what guidance was given?

To the best of my knowledge, Justice Atuguba warned that they would not countenance misreporting of what transpired in the court room from that date. Was this order disobeyed by any of the individuals or were they criticising the citing of only Daily Guide? The fact that Justice Dotse went out of his way to explain why the Presiding Judge mentioned only Daily Guide suggest that the court felt that the comment was fair but did not admit that.

Why have you ignored the proof requirements? Are you saying that the court proved this beyond reasonable doubt?

Those of us arguing for lack of due process are not for undermining the authority of the court. What we are saying is that the powers of the courts should be properly calibrated so that it is not used to stymie genuine concerns citizens may have regarding the conduct of Judges. If we do not have the means of introducing checks and balances, we would be creating unelected dictators in our Judges!

This is my last posting on this. We can stand on whichever side of the line our convinctions command us.

Okonko Palm 12 years ago

This is the original act from the statute books please read carefully.With all the sections in the contempt of court act 1981 on strict liability.

Strict liability1: The strict liability rule.In this Act “the strict lia ...
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This is the original act from the statute books please read carefully.With all the sections in the contempt of court act 1981 on strict liability.

Strict liability1: The strict liability rule.In this Act “the strict liability rule” means the rule of law whereby conduct may be treated as a contempt of court as tending to interfere with the course of justice in particular legal proceedings regardless of intent to do so.

2 Limitation of scope of strict liability.(1)The strict liability rule applies only in relation to publications, and for this purpose “publication” includes any speech, writing, [F1programme included in a cable programme service] or other communication in whatever form, which is addressed to the public at large or any section of the public.

(2)The strict liability rule applies only to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.

(3)The strict liability rule applies to a publication only if the proceedings in question are active within the meaning of this section at the time of the publication.

(4)Schedule 1 applies for determining the times at which proceedings are to be treated as active within the meaning of this section.
Joe Mensah 12 years ago

You are just cutting and pasting. You do not understand the basic issues.

You are just cutting and pasting. You do not understand the basic issues.
Mehunu_Meka 12 years ago

To be harping on, and part of the statement you make in the opening paragraph: ".....to invite displeasure to him or to court dislike of the public, it is contempt". Although the Justices hearing this petition are not parties ...
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To be harping on, and part of the statement you make in the opening paragraph: ".....to invite displeasure to him or to court dislike of the public, it is contempt". Although the Justices hearing this petition are not parties to the case, the public expects them to be fair and neutral. Therefore, what do you think Sammy Awuku`s baseless effusions on public radio was all about? And having realized his folly and rendered an unconditional apology,what was Ken Kuranchie seeking to do other to stoke the fires even more!
People can choose to take 'refuge' in technicalities such as procedure,but at the end of the day,contempt of court is what a judge says it is!
and those who are really versed in that particular area of the law will tell any offender is to demonstrate remorse,throw oneself at the mercy of the court, all in an effort to "purge" oneself of the contempt.
This notion of trying to achieve 'cheap martyrdom' is not going to cut it with the majority in our society which subscribes to peace,law and order!
Kofi Ata, Cambridge, UK 12 years ago

Dr Ohemeng, to suggest that there was a case called "Awuku Case" before the SC is complete fabrication. The case before the SC which Ken Kuranchie commented on was the presidential petition, period, and the presidential petit ...
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Dr Ohemeng, to suggest that there was a case called "Awuku Case" before the SC is complete fabrication. The case before the SC which Ken Kuranchie commented on was the presidential petition, period, and the presidential petition is not finished but still pending before the SC.

Another difference I have with my good friend Prof Asare is whether the accused should have been committed to trial at a different court. My understanding is that because there was an existing court warning or order on contempt of court, once the warning or order is breached (in the view of the court) that individual is considered as a contemnor and is sentenced accordingly if s/he is summoned to appear before the court for contempt of court as was in this case.

This is a good debate and I am enjoying it.
Dr Yaw Ohemeng 12 years ago

Kofi, in the second paragraph, you made my point that these are cases within cases. Once Awuku, Kuranchie and Atubiga have been dealt with, we can comment and criticise. Otherwise, what are we doing here? Shouldn't we zip our ...
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Kofi, in the second paragraph, you made my point that these are cases within cases. Once Awuku, Kuranchie and Atubiga have been dealt with, we can comment and criticise. Otherwise, what are we doing here? Shouldn't we zip our mouths until the petition hearing over - since praise or criticism of the Justices can prejudice the trial.

I stand by my view that there was an Awuku trial, Atubiga trial and Kurancjie trial. How then is the court going to report this?
Kofi Ata, Cambridge, UK 12 years ago

Doc, I am in agreement with you that we can disagree to agree. That is what we need on this forum. My personal view is that, as far as the decisions of the nine Justices are concerned, we must reserve our comments until the c ...
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Doc, I am in agreement with you that we can disagree to agree. That is what we need on this forum. My personal view is that, as far as the decisions of the nine Justices are concerned, we must reserve our comments until the case is over (at least, the first part), though I am sure there would be no need for a review.

I also have some views on some of their decisions but would not air them publicly until after their judgement. That is what I expect from the media as well. As for the comments on the actions and omissions of the the lead counsels, we are free to comment on throughout the hearing. That is what my Professor of International Law of Armed Conflict and the Use of Force (commonly known as International Humanitarian Law), former Adviser to UK government and currently a Judge at the International Court of Justice taught me at LSE.
Nyansasem 12 years ago

"The Daily Mirror has been fined £50,000 and the Sun £18,000 for contempt of court for articles published about a suspect arrested on suspicion of murdering Joanna Yeates.

Three senior judges ruled that the tabloid newsp ...
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"The Daily Mirror has been fined £50,000 and the Sun £18,000 for contempt of court for articles published about a suspect arrested on suspicion of murdering Joanna Yeates.

Three senior judges ruled that the tabloid newspapers breached contempt laws with their reporting of the arrest of Christopher Jefferies, Yeates's landlord, who was later released without charge and was entirely innocent of any involvement."

-----------

Here you are taking a swipe at Kwaku for being new to the law Profession and yet you cited or quoted something you hardly understand.

Do you know who a SUSPECT is? And did you not read that the SUSPECT was released without a charge?

Do you now understand why the Daily Mirror and Sun were charged with contempt of court?

And can you relate that to where a journalist is quoting what someone has said about the judges?

Some of you intellectuals koraaaaaaa?
Kakraba Cromwell 12 years ago

Dear Dr Ohemeng,
I respect you a lot and if my statements appear as insults I apologize profusely.
My anger with Asare is because of the intended consequences of his dishonest articles.I believe he is shouting fire in a cro ...
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Dear Dr Ohemeng,
I respect you a lot and if my statements appear as insults I apologize profusely.
My anger with Asare is because of the intended consequences of his dishonest articles.I believe he is shouting fire in a crowed theater.
I am NPP and I fought in the trenches with Arthur k against Rawlings in the 1980's so i understand what it means to fight for free speech.
Kobena 12 years ago

Kakraba Cromwell,
It is really surprising you calling Prof Asare's write-ups dishones among other unsavory epithets. He has shown in this particular article that this law of contempt was one of those racist "for the niggers" ...
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Kakraba Cromwell,
It is really surprising you calling Prof Asare's write-ups dishones among other unsavory epithets. He has shown in this particular article that this law of contempt was one of those racist "for the niggers" laws the British used against the citizens of their colonies to keep "them where they belonged".

Remember the Libel Law? It had been abolished in Britain for centuries at the time it was being used to cause a lot of Havoc under Jerry Rawlings, until Nana Akuffo-Addo rightly repealed it at the first opportunity. Just imagine how many Ghanaians would have gone to jail under Kuffuor and Atta Mills, if it had not been repealed.

Unless you accept that we still belong to the tree tops and therefore do not deserve to be treated like human beings, your postings are exremely annoying and daft.
Osei Bonsu 12 years ago

The libel laws are still on the statute books.It has only been undergoing reforms.

The bill aims to "ensure that a fair balance is struck between the right to freedom of expression and the protection of reputation," accor ...
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The libel laws are still on the statute books.It has only been undergoing reforms.

The bill aims to "ensure that a fair balance is struck between the right to freedom of expression and the protection of reputation," according to the Parliament's summary of the bill.

Under current English law, plaintiffs alleging spoken defamation or published libel must meet a relatively low bar to get into court: They need only show that a public statement might inflict reputational damage.

Under the new law, however, claimants will have to present evidence of "serious financial harm" before a suit can move forward. (Scotland has its own libel law.)
Mehunu_Meka 12 years ago

On the law of contempt in Ghana? You may choose to go along with some of the one-sided arguments he often makes in his articles,and that is fine. But you cannot tell the rest of us that what he has said is the 'gospel';far fr ...
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On the law of contempt in Ghana? You may choose to go along with some of the one-sided arguments he often makes in his articles,and that is fine. But you cannot tell the rest of us that what he has said is the 'gospel';far from it!
look, we have all watched the current drama unfold before our own eyes, so d o not let us behave as though we are bein confronted with a hypothetical situation,and realize what the panel hearing this election petition is seeking to do- curb the wild excesses by way of commentary (be it oral or written), that has the potential to throw this peaceful country into chaos. Who is this country is in doubt about what the real intensions are of those who lost the 2012 elections are?
and talking about "unfettered powers", have you had time to study what the Constititional review Commission had said about powers vested in a President under the current consitution? And can our Judges(the courts) make any decisions as to how state funds ought to be appropriated? Let`s not exaggerate, and make it appear as though these Justices are out of control, running rough shod over people`s civil liberties and freedoms!
Kwadjo Darko 12 years ago

B. Or imputation of bias or impartiality against a judge or court

D. And real risk that public confidence will be shaken

Ah, I am not a lawyer and neither have I studied law, but I think you listed the above as two of t ...
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B. Or imputation of bias or impartiality against a judge or court

D. And real risk that public confidence will be shaken

Ah, I am not a lawyer and neither have I studied law, but I think you listed the above as two of the basis for contempt of court, and I think that is exactly the same reason why these guys were jailed by the judges.

So why the criticism?

Look, you compared what has happened in Ghana to what do not happen in USA and England.

But you refused to acknowledge that, citizens and journalist of America and England that you referred to are so well informed, on this issue,that they hardly make pre-judicious or contemptuous comments on broadcast media, as we do in Ghana.
Mehunu_Meka 12 years ago

And that lack of acknowledgement is not an accident,but purely by design.

And that lack of acknowledgement is not an accident,but purely by design.
Cool 12 years ago

What politiking does to the brain. h does not make sense any more and has joined the ranks of Prof Ahofe the Idiot

What politiking does to the brain. h does not make sense any more and has joined the ranks of Prof Ahofe the Idiot
princewilly@ymail.com 12 years ago

Tom did like he always does, kissing his wife, crawling into bed and falling to sleep. All of a sudden, he wakes up with an elderly man dressed in a white robe standing in front of his bed. "What the hell are you doing in my ...
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Tom did like he always does, kissing his wife, crawling into bed and falling to sleep. All of a sudden, he wakes up with an elderly man dressed in a white robe standing in front of his bed. "What the hell are you doing in my bedroom? ...... and who are you?" he asked.

"This is not your bedroom," the man replied, "I am St. Peter, and you are in heaven."

"WHAT!!? Are you saying, I'm dead? I don't want to die ..... I'm too young." said Tom. "If I'm dead, I want you to send me back immediately."

"It's not that easy", said St. Peter, "you can only return as a dog or a hen. You can choose on your own"

Tom thought about it for a while, and figured out that being a dog is too tiring, but a hen probably has a nice and relaxed life.

Running around with a rooster can't be that bad. "I want to return as a hen." Tom replied. In the next second, he found himself in a chicken run, really nicely feathered. But now he felt like his rear end was gonna blow ........ then along came the rooster. "Hey, you must be the new hen on the farm." he said. "How does it feel?"

"Well, it's OK I guess, but it feels like my rear end is blowing up."

"Oh that!" said the rooster. "That's only the ovulation going on. Have you never laid an egg before?? Cluck twice, and then you push all you can."

Tom clucked twice, and pushed more than he was good for, and then 'Plop' and an egg was on the ground.

"Wow" Tom said "that felt really good!" So he clucked again and squeezed. And you better believe that there was yet another egg on the ground.

The third time he clucked, he heard his wife shout: "Tom, for Pete's sake!!! Wake up ... you're ' shitting ' all over the bed in Ghana!"
ELINAM 12 years ago

Why educated men as lawyers and judges want to cover their god -given crown (hair) with cheap plastic hair under a steaming heat to prove that they have arrived at some higher point in life?
Do any one thinks the late John ...
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Why educated men as lawyers and judges want to cover their god -given crown (hair) with cheap plastic hair under a steaming heat to prove that they have arrived at some higher point in life?
Do any one thinks the late Johnny Cochran who won high profile cases and defended Mj and OJ with intelligence and eloquence and won, would hide his afro and put on a wig.
When will the black African woke up to liberate him or her self from colonial stupidity, that what is in our heads matters most than what's on top of our heads?
Our elders in royal courts across the continent need no wig to deliberate complex cases, so what's up with the western educated crowd of Africa.
And why Asians who are equally colonized by the british got it not to wear it but only us?
Is it inferiority complex that is compelling us to put this debasing stuff on just to feel highly educated ?
Anthony Aheto 12 years ago

"impudent little man in horsehair, a microcosm of conceit and empty-headedness.”

Sounds like Atuguba

"impudent little man in horsehair, a microcosm of conceit and empty-headedness.”

Sounds like Atuguba
TP 12 years ago

Seriously

Seriously
kusi 12 years ago

hey asare you thief do you think we don't know your past at legon just keep shut your mouth else we will expose your past doings to the world idiot.

hey asare you thief do you think we don't know your past at legon just keep shut your mouth else we will expose your past doings to the world idiot.
YAW ADJEI 12 years ago

This a good acticle, when the facts in it are true,it will be wise therefore for our judges to read it and give their comments after all we all live to learn.

This a good acticle, when the facts in it are true,it will be wise therefore for our judges to read it and give their comments after all we all live to learn.
Adongo 12 years ago

Thank you Kwaku,you are really learned.The SC judges need refresher courses .will you be kind enough to re educate them?

Thank you Kwaku,you are really learned.The SC judges need refresher courses .will you be kind enough to re educate them?
Mercy Agyei 12 years ago

Mr. Asare

Are you married? If not, I am available.

It seems those who disagree with you can only insult. You have shown our men the way.

Mr. Asare

Are you married? If not, I am available.

It seems those who disagree with you can only insult. You have shown our men the way.
Nyansasem 12 years ago

Lol-- May be you can go for Atuguba.

Lol-- May be you can go for Atuguba.
LONTO-BOY 12 years ago

Prof Kweku Asare is absolutely right. "Scandalising the Court" as a form of Contempt of Court is 'obsolete' in the UK. Hence, there's the need to review it in Ghana. It's no longer an offence due to concerns it conflicts with ...
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Prof Kweku Asare is absolutely right. "Scandalising the Court" as a form of Contempt of Court is 'obsolete' in the UK. Hence, there's the need to review it in Ghana. It's no longer an offence due to concerns it conflicts with the Right to Free Speech. It is "archaic" because, historically, the judges made this their 'special right' to be above criticism. And no one could question their wisdom.

The position that the Right of Free Speech should extend to criticism of Judicial behaviour without fear of retribution from the Court is necessary in modern democracy. After all, criticism of judges or judicial decisions does not necessarily in itself constitute Contempt of Court.

I do agree "Scandalising the Court" should be reviewed with a more appropriate form of Contempt of Court. However, we need sensible journalists and responsible media in handling active court proceedings.
JAMES 12 years ago

The article was generally well-written. However the UK, while migrating from trial for "scandalizing the court" indicated it may still be absolutely necessary in the colonies to preserve the dignity of and respect for the cou ...
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The article was generally well-written. However the UK, while migrating from trial for "scandalizing the court" indicated it may still be absolutely necessary in the colonies to preserve the dignity of and respect for the courts. Interprete "colonies" as not quite civilized and draw your own conclusion whether Ghana should not be in the category of 'colony'. Let's face it we are not there yet. The radio broadcasts that contributed to a massacre in Rwanda would not have had the same effect in UK.
Dr Yaw Ohemeng 12 years ago

You interpreted 'colonies' to be uncivilised. I will not do so. Rather contempt was being used then either as a tool of oppression or to show class distinction. This is how African Courts have used it.

If you situate this ...
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You interpreted 'colonies' to be uncivilised. I will not do so. Rather contempt was being used then either as a tool of oppression or to show class distinction. This is how African Courts have used it.

If you situate this with Juctice Atuguba's comments: "a mere you" and "have you seen your size?" and you will understand the context in which they are holding people liable for contempt.

Again situate it alongside the fact that John Mahama, the current Executive President, who has the means to disobey the SC ruling, was able to say that the Judges cannot come to any other conclusion but to uphold his election, and got away without any rebuke. The Lawyers (except Qurashie-Idun) have exhibited contempt in the face of the court and got away with it. It is the likes of Sammy Awuku, Atubiga and 'unrepentant' Ken Kuranchie, who have been sanctioned. What does this tell you? Contempt of court is being used as a tool to silence the 'small man'.

You cannot use the Rwandan radio broadcast as justification for flimsily charging people for contempt. You can still make inflammatory statements, without mentioning the Court case, and get away with it and it is going on. We need our security agencies to be impartial and proactive to nip such actions in the bud. We do not need the SC acting as some policeman to make us behave. Its remit is limited to cases appearing before it.

At times, it is even better for people to voice out their frustrations than keep it within. Otherwise when it blows out we might not be able to contain it. That is why Prof. Asare is saying that silence should not be equated to presence of peace. We do not know what people may be planning whilst they are silent.
Okonko Palm 12 years ago

This is what the cps say on strict liability contempt.

This criminal offence is strict liability in that the intention of the publisher is completely irrelevant. It does not matter if the person making the publication did ...
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This is what the cps say on strict liability contempt.

This criminal offence is strict liability in that the intention of the publisher is completely irrelevant. It does not matter if the person making the publication did not intend to prejudice the trial, or even if they did.

In theory, the penalty can be up to two years in prison.
Prof Lungu 12 years ago

Okonko Palm,
We've been following your back-and-forth with Dr Yaw Ohemeng, Joe Mensah, etc.

Seems to us you may be wedded to something other than balanced reflection/reason.

You are saying the only relevant "intention ...
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Okonko Palm,
We've been following your back-and-forth with Dr Yaw Ohemeng, Joe Mensah, etc.

Seems to us you may be wedded to something other than balanced reflection/reason.

You are saying the only relevant "intention" is the judge's, the one who combines all governmental powers and sentences private individuals/members of the press to "prison".

But the evidence is all over the place for you to see and reflect on: these judges are complaining over "hurt feelings" at bottom of their "intention."

Why must even borrowed laws, interpretations of those laws, and associated actions, why must these be "set in stone"?

Must we be so rigid and unreflective?

ITEM: You are not being serious when you say, "... It does not matter if the person making the publication did not intend to prejudice the trial, or even if they did...."

Seem to us that is an ass of a position! You are arguing for a "police state."

Come on!

What would Mandela do in your world? (That is the Ghana-centered question for you).

Thanks.
Tawia 12 years ago

We are not where yet? It is preposterous to think that we in the post colonies are barbaric such that our freedom of speech should be curtailed. This is naked racism and I am utterly surprised that some Ghanaians like you acc ...
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We are not where yet? It is preposterous to think that we in the post colonies are barbaric such that our freedom of speech should be curtailed. This is naked racism and I am utterly surprised that some Ghanaians like you accept this notion. And believe me radio broadcasts, not matter what information they propagate, do not necessarily lead to civil war, remember Agyapong's comments. We're no longer the beasts our colonial masters made us to believe. It's about time we shed off this cloak.
Joe Dakota 12 years ago

What happened in Rwanda had nothing to do with allowing people to talk. It was the result of a longstanding ethnic competition and tensions between the minority Tutsi, who had controlled power for centuries, and the majority ...
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What happened in Rwanda had nothing to do with allowing people to talk. It was the result of a longstanding ethnic competition and tensions between the minority Tutsi, who had controlled power for centuries, and the majority Hutu peoples, who had come to power in the rebellion of 1959–62.

The crisis might have been avoided if there were open debates about the underlying tension.

As the prof reminds us, silence is not peace!
Lankwei 12 years ago

"In the United States, the power of the courts to punish for scandalizing the court is almost non-existent. The general rule for restricting speech is whether it portends “clear and present danger” to the administration o ...
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"In the United States, the power of the courts to punish for scandalizing the court is almost non-existent. The general rule for restricting speech is whether it portends “clear and present danger” to the administration of justice"
General rule, and almost non-existence imply the practice exist,
however limited the scope.

under the common law of England and Wales.
Scotland ad Ulster are part of the UK yet this apparently applies to England and Wales only.
Tom Brown 12 years ago

"General rule, and almost non-existence imply the practice exist, however limited the scope."

It will be more impressive to give instances to contradict the author. He appears to be a thoughtful writer who chooses his word ...
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"General rule, and almost non-existence imply the practice exist, however limited the scope."

It will be more impressive to give instances to contradict the author. He appears to be a thoughtful writer who chooses his words carefully, hence his use of "almost." He probably means NEVER.
Okonko Palm 12 years ago

Occasionally the statute books are revisited to weed out obsolete and inoperative laws in the books.As a result of the Internet and the many technological and communication devises, the House of commons realized that it was i ...
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Occasionally the statute books are revisited to weed out obsolete and inoperative laws in the books.As a result of the Internet and the many technological and communication devises, the House of commons realized that it was impossible to police the crime of scandalizing the judiciary and took steps to have it abolished.

This is only a small part of contempt of court offenses in the statute books.A good book on contempt of court will be over 1500 pages so the that area of the law is vast.Perhaps as an experiment to see how it plays out,Scotland and N.Ireland who took part in the debate did not subscribe to it so those two states still have that area of the law on contempt in their statute books.

Scandalizing a judge or the judiciary became inoperative because of the vast communication technology we now have.Since it is possible to say something on the web that can be judged as scandalizing the judiciary and rope in more than necessary.

In the debate what the lords insisted on is that this abolition should have nothing absolutely to do with the contempt laws of England and Wales.More so once a case is active and there is a court directive,once that directive is breached a contempt had been committed and that means a duty to purge the contempt and face the punishment.

So this article has not not made any argument that may establish that the contempt of court law is becoming a dying breed.In fact it is far from that.

What we want Asare and co to do is to educate their people that rights come with responsibility and that freedom of speech whatever jurisdiction is qualified.
Joe Mensah 12 years ago

"rights come with responsibility and that freedom of speech whatever jurisdiction is qualified."

That means people should be sent to jail for holding judges accountable?

What is wrong with some of you?

"rights come with responsibility and that freedom of speech whatever jurisdiction is qualified."

That means people should be sent to jail for holding judges accountable?

What is wrong with some of you?
Nyansasem 12 years ago

That is what some of these intellectuals want to tell us.

And who does not know that freedom and rights come with responsibility?

And even then, do the rights and freedom of the SC justices come with responsibility? Or ...
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That is what some of these intellectuals want to tell us.

And who does not know that freedom and rights come with responsibility?

And even then, do the rights and freedom of the SC justices come with responsibility? Or are they above the laws of the land?
Kosoko 12 years ago

Can another legal luminary takes this man on scholarIy for me. I wish to have studied even first year law at the university. I don't known what this man seek to achieve from this academic exercise. No matter how the merits of ...
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Can another legal luminary takes this man on scholarIy for me. I wish to have studied even first year law at the university. I don't known what this man seek to achieve from this academic exercise. No matter how the merits of his arguments stretches, I encourage him to weigh the intent of our judges and the inflammable comments by our irresponsible commentators who hide under the banner of free speech and expression to run down everything institution for political capital gains.
Joe Mensah 12 years ago

"Can another legal luminary takes this man on scholarIy for me."

LOL! Let us face it, the prof is very persuasive and persistent.

"Can another legal luminary takes this man on scholarIy for me."

LOL! Let us face it, the prof is very persuasive and persistent.
Prof Lungu 12 years ago

How are you, Kosoko, able to "weigh the intent of our judges"?

We guess you will have a problem!

Read the article again.

If you are on this forum and write as good as you do, you probably do not need a lawyer to ex ...
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How are you, Kosoko, able to "weigh the intent of our judges"?

We guess you will have a problem!

Read the article again.

If you are on this forum and write as good as you do, you probably do not need a lawyer to explain commonsense to you.
Kosoko 12 years ago

I concur that position has been very persuasive and consistent. I have not read law but I perceive that the judges do not want another Kenya or Rwanda considering how polarized Ghana finds itself. So no matter what the argume ...
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I concur that position has been very persuasive and consistent. I have not read law but I perceive that the judges do not want another Kenya or Rwanda considering how polarized Ghana finds itself. So no matter what the argument, the judges' intent is loud and clear-- It is purely based on common sense and nothing else. But for Professor Asare, I really find it difficult what he seeks to achieve with his free speech and expression crusade.
Prof Lungu 12 years ago

You are saying only the "judges do not want another Kenya or Rwanda," that, only the judges and you have "common sense".

That is an extraordinary place you are given where we now find ourselves!

And so, we beg to diffe ...
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You are saying only the "judges do not want another Kenya or Rwanda," that, only the judges and you have "common sense".

That is an extraordinary place you are given where we now find ourselves!

And so, we beg to differ on both counts!

ITEM: Looks like Professor Asare makes the better Ghana-centered argument. As he now argues, that "consistent" position is consistent with current legal norms.

As an example, read again:

READ: "...In the United States, the power of the courts to punish for scandalizing the court is almost non-existent. The general rule for restricting speech is whether it portends “clear and present danger” to the administration of justice..."

Nearer home, please reflect on this one: "... In dissent, Adade JSC, said “judges do, like any other group of human beings, make mistakes and should, and indeed, ought to be criticized..." (We are thinking that is the more reflective, Ghana-centered road for Ghana!).

Thanks!
Kosoko 12 years ago

Brother, I never said common sense is exclusive to the judges and me. The point I was putting across was that the intent of the judges was purely 'common sense' rather than abuse of power which Prof. Asare seems to suggest. ...
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Brother, I never said common sense is exclusive to the judges and me. The point I was putting across was that the intent of the judges was purely 'common sense' rather than abuse of power which Prof. Asare seems to suggest. Second, I do not believe freedom of speech or criticism can be equated to insults or running down others. This is unfortunately the usual practice in Ghana. How did Mr. Awuku and Mr. Koranchi arrive at a conclusion that judges were "hypocritical". I can agree with them on "selective" since it is impossible to be aware of every misrepresentation of court proceedings. I suggest that let us be circumspect in our dealings of matters of this nature- an apparent situation where judges have issued warnings on several occasions. I believe their caution was based on common sense that seek to prevent anarchy. Please don't let's overlook this under the banner of free speech by resorting to the tideous academic exercise Prof. Asare is doing.
Prof Lungu 12 years ago

Ha!

READ: "....This suggests that it has always been recognized that the offense of scandalizing the court could be put to bad use, could interfere with free speech, could shield judges from public scrutiny and was, genera ...
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Ha!

READ: "....This suggests that it has always been recognized that the offense of scandalizing the court could be put to bad use, could interfere with free speech, could shield judges from public scrutiny and was, generally, illiberal and not an offence that civilized societies could tolerate. It was left on the books to be applied in the colonies to suppress dissent by the colored people in the colonies...."

OUR COMMENT: Precisely!
Abukari Gariba 12 years ago

To teach a class on free speech to all our judges, lawyers, law students and meia men. He is so right!

To teach a class on free speech to all our judges, lawyers, law students and meia men. He is so right!
Prof Lungu 12 years ago

Hauled?

You mean respectfully invited, at cost to good governance and Ghana-centeredness, right?

Hauled?

You mean respectfully invited, at cost to good governance and Ghana-centeredness, right?
Simha Nyr, adv. 8 years ago

Shamefully alive also in Israel

Shamefully alive also in Israel

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Scandalizing the Court: Dead Elsewhere but Alive in Ghana

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