The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honor.”
“And why was that?” “Because my wife wanted a dress.”
The judge ch ... read full comment
The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honor.”
“And why was that?” “Because my wife wanted a dress.”
The judge check with his records, “But it says here you broke in three nights in a row!”
“Yes sir. She made me exchange it two times.”
Nana Addo Dankwa Akuffo Addo 10 years ago
THANKS
THIS ARTICLE IS ENDORSED BY NEW PATRIOTIC PARTY OF GHANA LED BY NANA AKUFFO ADDO - A NOTED WEE SMOKER, WOMANIZER, PATAPAA AND A FAILED PRESIDENTIAL CANDIDATE..
FOLKS,SINCE COMING OUT I FEEL REAL GOOD NOW.FOR THOSE OF ... read full comment
THANKS
THIS ARTICLE IS ENDORSED BY NEW PATRIOTIC PARTY OF GHANA LED BY NANA AKUFFO ADDO - A NOTED WEE SMOKER, WOMANIZER, PATAPAA AND A FAILED PRESIDENTIAL CANDIDATE..
FOLKS,SINCE COMING OUT I FEEL REAL GOOD NOW.FOR THOSE OF YOU WHO DO NOT LOVE TURUMU I MUST TELL YOU THAT YOU DON'T KNOW WHAT YOU ARE MISSING.
IN SAN FRANCISCO, WE NUMBER OVER 1 MILLION. WE ARE NOT A MINORITY ANYMORE.
FOLKS, FOR THOSE OF YOU OUT THERE WHO ARE AFRAID TO COME OUT, THE TIME IS NOW .NANA ADDO DANKWA AKUFFO ADDO'S COMMENTS ARE FREE AND BALANCED
NPP Headquarters,
Private Mail Bag,
Accra-North, Ghana
Nana Addo Dankwa Akufo-Addo
Nana Addo Dankwa Akufo-Addo
National
nppnpp18
Office: Presidential Candidate
Year In Office: 2012
Gender: Male
Facebook: www.facebook.com/nadaa2012
Website: akufoaddo2012.com
Short Biography:
Nana Addo Dankwa Akufo-Addo
He graduated from the University of Ghana in 1967 with a B.Sc in Economics. Nana trained as a lawyer in England and was called to the English Bar (Middle Temple) in 1971 and the Ghanaian Bar in 1975.
Under President Kufuor, Nana served as the Attorney-General and Minister for Foreign Affairs. He was the flagbearer of the party in the 2008 elections and was again elected in 2010 to be the flagbearer of the party in the upcoming 2012 elections.
THANKS
insight to the bone 10 years ago
legacy of the pepeni and his murder of mills is nothing but sorrow, misery and poverty while he and his cronies boldly continue to loot the country. this is understandable since they are not Akans, they do not care as they kn ... read full comment
legacy of the pepeni and his murder of mills is nothing but sorrow, misery and poverty while he and his cronies boldly continue to loot the country. this is understandable since they are not Akans, they do not care as they know the wealth of the nation does not belong to them , its a take/steal money and run mentality that drives them. They have no solutions because they are too feeble minded and reality deep down they know its only by theft , trickery , election engineering /rigging , ideological lies and camouflage that they are there now and know it can not last . The national security is going round spreading the word they have the supreme court under control and have ensured the petition will not succeed , i guess they are able to blackmail the judges after all so there will be no justice . The national security has an interest to keep pepeni in place as there is not a single corruption act that goes on whereby they dont have a cut . they know if pepeni goes over 80% of them will be out of a job as thats the first place any true patriotic govt will clean up. we know all this will sooner or later lead to war and we are ready , long live the republic of Akan
NANA AKUFFO ADDO 10 years ago
NANA AKUFFO ADDO WO MAMI TWEASEIDI KAN KAN...
I NANA AKUFFO ADDO HAVE COME OUT OPENLY TO DECLARED MY HOMOSEXUALITY...THAT I SLEEP WITH MEN AND WOMEN...I HAVE DONE CHILDREN TOO. I LOVE BIG WOMEN'S ASS.
THIS ARTICLE IS ENDORS ... read full comment
NANA AKUFFO ADDO WO MAMI TWEASEIDI KAN KAN...
I NANA AKUFFO ADDO HAVE COME OUT OPENLY TO DECLARED MY HOMOSEXUALITY...THAT I SLEEP WITH MEN AND WOMEN...I HAVE DONE CHILDREN TOO. I LOVE BIG WOMEN'S ASS.
THIS ARTICLE IS ENDORSED BY NEW PATRIOTIC PARTY OF GHANA LED BY NANA AKUFFO ADDO - A NOTED WEE SMOKER, WOMANIZER, PATAPAA AND A FAILED PRESIDENTIAL CANDIDATE..
FOLKS,SINCE COMING OUT I FEEL REAL GOOD NOW.FOR THOSE OF YOU WHO DO NOT LOVE TURUMU I MUST TELL YOU THAT YOU DON'T KNOW WHAT YOU ARE MISSING.
IN SAN FRANCISCO, WE NUMBER OVER 1 MILLION. WE ARE NOT A MINORITY ANYMORE.
FOLKS, FOR THOSE OF YOU OUT THERE WHO ARE AFRAID TO COME OUT, THE TIME IS NOW .NANA ADDO DANKWA AKUFFO ADDO'S COMMENTS ARE FREE AND BALANCED
NPP Headquarters,
Private Mail Bag,
Accra-North, Ghana
Taking his seat in his chambers, the judge faced the opposing lawyers. “So,” he said, “I have been presented, by both of you, with a bribe.” Both lawyers squirmed uncomfortably. “You, attorney Leon, gave me $15,000. ... read full comment
Taking his seat in his chambers, the judge faced the opposing lawyers. “So,” he said, “I have been presented, by both of you, with a bribe.” Both lawyers squirmed uncomfortably. “You, attorney Leon, gave me $15,000. And you, attorney Campos, gave me $10,000.” The judge reached into his pocket and pulled out a check. He handed it to Leon … “Now then, I m returning $5,000, and we re going to decide this case solely on its merits.”
LONTO-BOY 10 years ago
MASSA KOFI, "Justice" is one of the misleading words in politics. It has implied opposites- it depends on who is at the receiving end. As the Supreme Court proceedings draw to a close, and Ghanaians everywhere await the final ... read full comment
MASSA KOFI, "Justice" is one of the misleading words in politics. It has implied opposites- it depends on who is at the receiving end. As the Supreme Court proceedings draw to a close, and Ghanaians everywhere await the final verdict, I can only see a political justice and not of judicial judgement. Personally, I think the Supreme Court will uphold John Mahama's presidency.
In the unlikely decision of a re-run, aside the huge financial cost, is the current electoral[voting and counting]process credible? And can the NPP trust the current EC and Dr Afari-Gyan to conduct an election or whole new electoral reforms and constituted body at the EC will have to be in place before a possible re-run?
Whatever the final verdict, the defeated party will be outraged and some supporters will protest violently.
Joy 10 years ago
Kofi Ata says "I am confident that the Justices will deliver justice by looking at the evidence in cout...". I do not buy that. The Justices will maintain Mahama in the presidency and tell the EC to clean up their act for the ... read full comment
Kofi Ata says "I am confident that the Justices will deliver justice by looking at the evidence in cout...". I do not buy that. The Justices will maintain Mahama in the presidency and tell the EC to clean up their act for the next elections... and this has nothing to do with the evidence! The Justices will just try to create a peace of mind for everybody in Ghana. NPP cannot do anything about that because they are not in power.
Kofi Ata, Cambridge, UK 10 years ago
LONTO-BOY, my view is that Ghanaians should not rule out anything and be prepared for surprises, especially when you say you can only see a political justice and not a judicial judgement. Interestingly and according to source ... read full comment
LONTO-BOY, my view is that Ghanaians should not rule out anything and be prepared for surprises, especially when you say you can only see a political justice and not a judicial judgement. Interestingly and according to sources from Ghana, NDC guys are scared of a political decision because they are worried six out of the nine Justices were appointed by Kufuor, one by Rawlings and two by the late Mills. They believe if it comes to voting along party affiliation it could be six to three for NPP.
Personally, I do not subscribe to NDC's fears because the fact that a Justice was appointed by Kufuor does not necessarily mean s//he will vote for NPP and vice-versa.
GENERAL DeGAULE 10 years ago
I had to skip from the fourth to the last paragraph as I found this piece rather tiresome to read. At times I wondered whether this was only meant to impress this book long type. The symbol of the Courts is the SCALES. The ev ... read full comment
I had to skip from the fourth to the last paragraph as I found this piece rather tiresome to read. At times I wondered whether this was only meant to impress this book long type. The symbol of the Courts is the SCALES. The evidence and the merit may weigh heavier on one side. Is there merit in a petition which is asking the Supreme Court to annul 4 million votes and declare the loser the winner? I don't think so. Justice will not be served if 4 million voters are denied their inalienable right to vote. It is not the NDC or NPP that justice has to serve. It is the people who voted who have to be served by the judicial system.
Kofi Ata, Cambridge, UK 10 years ago
GENERAL DeGAULE, I know from my experience of working with soldiers in Ghana that they prefer to go straight to the point rather than beat about the bush. I am therefore not surprised you jumped from paragraph four to the end ... read full comment
GENERAL DeGAULE, I know from my experience of working with soldiers in Ghana that they prefer to go straight to the point rather than beat about the bush. I am therefore not surprised you jumped from paragraph four to the end. Sorry you found the article tiresome to read but let am assure you that, it was not meant to impress. I thought the book long people are those with PhDs, Professors, etc after their names? Or the I put it to you people who referred to themselves as "learned friends". I am none of those.
I also found it challenging to write on a philosophical topic for a forum such as Ghanaweb. I tried my best to make it simple but that was not that easy.
GENERAL, I wish I could make such definite proposition such as you. Nonetheless, I think the issue justice for the common good I referred to in the article will be relevant when the Justices decide whether they should annul 4 million votes and overturn the results. Time will tell
BENONY TONY AMEKUDZI, ESQ. 10 years ago
FROM: BENONY TONY AMEKUDZI, ESQ.
TO:H.E.PRESIDENT OF GHANA JOHN DRAMANI MAHAMA (ONLY)
DATE: THURSDAY, AUGUST 1, 2013
SUBJECT: CONFIDENTIAL INFORMATION ALERT AS ADDITIONAL INFORMATION TO THE FEATURE ARTICLE PUB ... read full comment
FROM: BENONY TONY AMEKUDZI, ESQ.
TO:H.E.PRESIDENT OF GHANA JOHN DRAMANI MAHAMA (ONLY)
DATE: THURSDAY, AUGUST 1, 2013
SUBJECT: CONFIDENTIAL INFORMATION ALERT AS ADDITIONAL INFORMATION TO THE FEATURE ARTICLE PUBLICATION ON GHANAWEB.COM CAPTIONED "EC ADDRESS".
THIS IS TO RESPECTFULLY REFER TO THE ABOVE RELATED SUBJECT-MATTER IN WHICH CONTENTS THAT EC SOLELY RELYING ON ARTICLE 45 OF THE 1992 GHANA CONSTITUTION AND IN VIEW OF THE CONSTITUTIONAL AUTHORITY AND POWERS VESTED IN EC THAT CHAPTER 007 ARTICLE 46 IS ALSO VERY IMPORTANT AND CLEARLY PROVIDES FOR EC AUTHORITY AS FOLLOWS:
46
"Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority."
THAT IN ACCORDANCE WITH THE PROVISION IN ARTICLE 46 AS SEEN ABOVE THAT BY THE RULES OF INTERPRETATION THAT EC IN THE PERFORMANCE OF ITS FUNCTIONS IS NOT UNDER THE DIRECTION OR CONTROL OF ANY PERSON OR AUTHORITY AND THEREFORE BEFORE ANY PERSON OR PERSONS OR AUTHORITY PURPORTED TO CHALLENGE THE EC FUNCTIONS THEN THAT PERSON OR AUTHORITY MUST CLEARLY ASSERT ITS GROUNDS OF THE PROVISIONS OF THE CONSTITUTION EC HAS VIOLATED.
IT IS THEREFORE MY RESPECTFUL SUBMISSION ALSO THAT CHAPTER 001 CLAUSES 1 AND 2 CLEARLY PROVIDED FOR THE CONSTITUTION AS THE "SUPREME LAW OF GHANA" AS SEEN BELOW
"CHAPTER 001
THE CONSTITUTION
THE CONSTITUTION OF THE REBUPLIC OF GHANA 1992
1
(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
(2) This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void."
THAT IT IS A TRITE LAW AND KNOWLEDGE THAT WHEN A CASE IS BEING ADJUDICATED IN COURT THAT "ALL APPLICABLE LAWS" THAT ARE RELEVANT TO NATURE, FORM CHARACTER AND SUBSTANCE OF THE CASE EQUALLY APPLIED TO CASE".
IT IS IN THE LIGHT OF THE ABOVE ASSERTION OF LAW THAT I AM RESPECTFULLY SUBMITTING THAT THE INTERNATIONAL LAW PERSPECTIVE IF IT APPLIED TO A CASE THEN THE INTERNATIONAL LAW TAKES PRECEDENT OVER ALL OTHER LAWS THAT GHANA IS A SIGNATORY TO THE INTERNATIONAL LAW WHICH MEANS THAT GHANA BY THE VIRTUE AND FACT AS SIGNATORY TO THE INTERNATIONAL CEDED THAT PART OF HER SOVEREIGN AUTHORITY.
THEREFORE IN THE INSTANT CASE THAT SUPREME COURT ITSELF OR THE JUDICIARY IS VESTED WITH ITS CONSTITUTIONAL AUTHORITY AND POWERS UNDER CHAPTER 011 OF THE CONSTITUTION WHICH PROVIDES AS FOLLOWS:
" CHAPTER 011
THE CONSTITUTION OF THE REBUPLIC OF GHANA 1992
THE JUDICIARY
General
125
(1) Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution.
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(2) Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems."
THAT CHAPTER 011 ARTICLE 125 CLAUSE 1 CLEARLY PROVIDES AS FOLLOWS:
"
(1) Justice emanates from the people and shall be administered in the name of the Republic by the Judiciary which shall be independent and subject only to this Constitution."
IT IS THEREFORE MY RESPECTFUL AND CANDID SUBMISSION THAT THE JUDICIARY AND FOR THAT MATTER IN THE INSTANT CASE IS INDEPENDENT AND SUBJECT ONLY TO THE CONSTITUTION.
THEREFORE IN THE PARLANCE OF THE SUPREME COURT IN ITS CONSTITUTIONAL FUNCTIONS UNDER ARTICLE 64 OF THE CONSTITUTION WHICH PROVIDES AS FOLLOWS:
64
(1) The validity of the election of the President may be challenged only by a citizen of Ghana who may present a petition for the purpose to the Supreme Court within twenty-one days after the declaration of the result of the election in respect of which the petition is presented.
(2) A declaration by the Supreme Court that the election of the President is not valid shall be without prejudice to anything done by the President before the declaration.
(3) The Rules of Court Committee shall, by constitutional instrument, make rules of court for the practice and procedure for petitions to the Supreme Court challenging the election of a President..
THAT THE SUPREME COURT OF GHANA IS VESTED OR GRANTED THE AUTHORITY UNDER ARTICLE 64 CLAUSE 2 AS SEEN ABOVE ONLY "A DECLARATORY JUDGEMENT ORDER OR AUTHORITY".
THAT BY THE RULES AND LAWS OF INTERPRETATION THE LEGAL ISSUE HEREBY IS WHETHER OR NOT THE SUPREME COURT OF GHANA IS VESTED WITH THE CONSTITUTIONAL AUTHORITY TO GRANT THE PETITIONERS RELIEF BEING SOUGHT AT THE SUPREME COURT?'
IT IS MY HUMBLE SUBMISSION THAT THE PETITIONERS RELIEFS BEING SOUGHT "ASKING THE SUPREME COURT TO ANNUL OVER 4.6 MILLION VOTES" THAT THE SUPREME COURT CONSTITUTIONAL POWERS VESTED IN THE COURT UNDER ARTICLE 64 CLAUSE 2 AS SEEN ABOVE CLEARLY SPEAKS FOR ITSELF THAT THE COURT LACKS SUCH CONSTITUTIONAL AUTHORITY AND THEREFORE CANNOT PURPORT TO GIVE AN ORDER OF SPECIFIC PERFORMANCE THAT THE COURT IS NOT VESTED WITH SUCH POWERS UNDER ARTICLE 64.
THE OTHER LEGAL ISSUES RAISED IN THE INSTANT MATTER ARE AS FOLLOWS:
(i) WHETHER OR NOT A SITTING PRESIDENT OF GHANA WHILE IN OFFICE CAN BE SUED OR TO BE JOINED TO A LAWSUIT AS DEFENDANT?
THAT ARTICLE 57 CLAUSES 4,5,6 OF THE CONSTITUTION IN MY HUMBLE SUBMISSION CLEARLY SERVED AS AN OUSTER CLAUSE TO ARTICLE 64 UNDER WHICH THE PETITIONERS RESORTED TO THIS INSTANT CASE.
THAT THE LEGAL SETTLED PRECEDENT IN THE CASE OF "NPP VRS.PRESIDENT RAWLINGS & ATTORNEY GENERAL" IN THE CASE WHERE NPP CHALLENGED THE FORMER PRESIDENT WHEN HE WAS THE SUBSTANTIVE PRESIDENT OF GHANA AND APPOINTED THE DISTRICT CHIEF EXECUTIVES AND THAT NPP CHALLENGED THE PRESIDENT CONSTITUTIONAL AUTHORITY OF MAKING SUCH APPOINTMENTS.
THAT THE SUPREME COURT HELD UNANIMOUSLY THAT THE FORMER PRESIDENT ACTED PROPERLY UNDER THE CONSTITUTIONAL POWERS VESTED IN THE PRESIDENT IN ACCORDANCE WITH ARTICLE 57 CLAUSE 4 OF THE GHANA 1992 CONSTITUTION.
THAT IT WAS DURING THE ADJUDICATION OF THIS MATTER THAT A PANEL MEMBER OF THE SUPREME COURT ITSELF RAISED THE PRELIMINARY QUESTION WHETHER OR NOT A SITTING PRESIDENT OF GHANA CAN BE SUED OR JOINED TO A LAWSUIT AS DEFENDANT?
THAT THE SUPREME COURT OF GHANA IN A MAJORITY 3-2 HELD THAT A SITTING PRESIDENT OF GHANA WHILE IN OFFICE CANNOT BE SUED OR JOINED TO A LAWSUIT AS DEFENDANT BECAUSE OF THE SANCTITY OF THE PRESIDENCY.
THAT THE COURT CITED THE FOLLOWING CASES AS ITS LEGAL PRECEDENT AUTHORITY:
(a) AMOAKO TUFFOUR VRS. ATTORNEY GENERA
(b) SALLAH VRS ATTORNEY GENERAL
JUST TO CITE ONLY THESE TWO (2) CASES.
(ii) THE LEGAL ISSUE INVOLVING THE FAILURE OF SOME ELECTORAL OFFICIALS NOT SIGNING THE PINK SHEETS.
THAT IT IS MY RESPECTFUL SUBMISSION TO TAKE COGNIZANCE OF THE LAW INVOLVING "MENS REA" OR THE INTENT OF THE FAILURE TO SIGN THE PINK SHEET LOOKING UNDER THE CIRCUMSTANCES THAT THE OFFICIALS WORKED WHETHER OR NOT IT WAS "INTENTIONAL, DELIBERATE OR WILLFUL ACT" THAT THE ELECTORAL OFFICIALS INTENTIONALLY REFUSED TO SIGN THE PINK SHEETS WITH THE INTENTION TO CAUSE A WILLFUL INJURY TO A PARTICULAR CANDIDATE OR JUST "AN HONEST MISTAKE OR A MERE HUMAN ERROR" JUST TO BE CORRECTED?.
FURTHER, WHETHER OR NOT UNDER THAT CIRCUMSTANCE HAS THE ACT AFFECTED THE ACTUAL VOTES CAST? AND WHETHER THE COURT CAN CURE SUCH DEFECTS?
(iii) THE LEGAL ISSUE INVOLVING THE VOTERS REGISTER WHEN THE LEAD COUNSEL DULY TOLD THE COURT THAT THE EC BEFORE THE ELECTION WAS HELD GAVE NPP OR THE PETITIONERS COPY OF THE VOTERS REGISTER EVEN WITH THE SOFT WARE.
WHETHER OR NOT EC JUST GAVE THE PETITIONERS THE REGISTER WITH THE SOFT WARE FOR JUST GIVEN SAKE OR THE PETITIONERS WERE EXPECTED TO CHECK THROUGH THE REGISTER AND TO RAISE THEIR CONCERN,IF THERE WERE ANY?
IT IS THEREFORE MY HUMBLE SUBMISSION THAT THE LAW OF THE LEGAL THEORY OF "ACQUIESCENCE" PROVIDES FOR THE ANSWER THAT "YOU CANNOT CHOOSE OR PURPORT TO SLEEP OVER YOUR RIGHT AND AFTER THE ELECTIONS NOW WAKE UP FROM YOUR DEEP SLEEP TO PURPORT TO ASSERT THAT RIGHT. THAT THE PETITIONERS ARE ESTOPPED TO ASSERT SUCH RIGHT.
(iv) THAT THE LEGAL ISSUE INVOLVING THE PURPORTED MISTAKES MADE BEING THE ACCUSATION BY THE PETITIONERS ON THE PINK SHEETS THAT THE 2ND PETITIONER DR.BAWUMIA CLEARLY TOLD THE SUPREME COURT THAT "YOU AND I WERE NOT THERE BUT BASED ON THE FACE OF THE PINK SHEETS THAT THEY RAISED THOSE ERRORS". THAT IT MEANT THAT NO OFFICIAL REPORTS HAVE BEEN MADE TO THE PETITIONERS BY THEIR AGENTS OR THE SECURITY PERSONNEL THAT WORKED AT THE POLLING STATIONS WHERE THE ACTUAL ELECTIONS TOOK PLACE .
THAT THE 2ND PETITIONER CLEARLY INFORMED THE COURT THAT THEY THE PETITIONERS IN PREPARING THE PINK SHEETS ALSO MADE MISTAKES AND EVEN SAID THAT "AS HUMAN BEINGS WE ALL MAKE MISTAKES".
THEREFORE THE LEGAL ISSUES INVOLVED ARE AS FOLLOWS:
WHETHER OR NOT THE DOCTRINE OF EQUITY WHICH PROVIDES THAT "HE WHO SEEKS EQUITY MUST HIMSELF DO EQUITY AND THAT EQUITY AIDS THE VIGILANT AND HE WHO COMES TO EQUITY MUST COME WITH CLEAN HANDS".
THAT IN THE INSTANT CASE THE AGENTS OF THE PETITIONERS DID NOT MAKE ANY OFFICIAL REPORTS OF ANY ACTUAL IRREGULARITIES OR MALPRACTICES THAT ACTUALLY OCCURRED AT THE POLLING STATIONS WHERE THE ACTUAL VOTES WERE CAST AND THAT THE PETITIONERS THEMSELVES MADE THE SAME MISTAKES THAT THEY RESORTED ACCUSING ELECTORAL COMMISSION OF AND THAT THEY THEMSELVES "HANDS ARE SOILED AND DIRTY" CONTRARY TO THE DOCTRINES AND PRINCIPLES OF EQUITY AS SHOWN ABOVE.
FURTHER, WHETHER OR NOT THOSE MISTAKES WERE MADE INTENTIONALLY, WILLFULLY OR DELIBERATELY AND JUST HONEST HUMAN MISTAKES?
IT IS THEREFORE MY RESPECTFUL SUBMISSION THAT THE PURPORTED MISTAKES WERE "HONEST MISTAKES" AND MERE HUMAN ERRORS AND NOT INTENDED FOR ANY CONSEQUENCES.
FINALLY WHETHER THE PURPORTED ERRORS WOULD CHANGE THE FINAL RESULTS DULY DECLARED AND DULY GAZETTED WHERE THE ACTUAL BALLOT PAPERS CAST ARE STILL IN THE CUSTODY OF THE ELECTORAL COMMISSION WHICH HAS THE SOLE CONSTITUTION AUTHORITY TO PERFORM AND HAS DULY PERFORMED ITS CONSTITUTIONAL FUNCTIONS?
IT IS THEREFORE MY RESPECTFULLY SUBMITTED THAT IF THE RIGHT ANSWERS ARE FOUND BY THE SUPREME COURT TO THESE RELATED LEGAL ISSUES RAISED BY THE PETITIONERS CHALLENGING THE 2012 ELECTIONS THEN I HAVE NO DOUBT IN MY MINDSET THAT VICTORY IS ALREADY WON AND THE EC DECLARED RESULTS WOULD BE UPHELD AS CONSTITUTIONAL AND H.E.PRESIDENT OF GHANA JOHN DRAMANI MAHAMA ELECTIONS AS PRESIDENT OF GHANA WOULD BE UPHELD AND THE PETITIONERS CASE TO BE DISMISSED.
IN THE LIGHT OF ABOVE THAT I AM RESPECTFULLY RENDERING THIS LEGAL OPINION FOR THE KIND ATTENTION OF H.E.PRESIDENT JOHN DRAMANI MAHAMA AND STUDY WITH COUNSELS AND IF SOME OF THESE LEGAL ISSUES ARE NOT RAISED OR CAPTURED BY THE THEIR RESPECTIVE ADDRESSES THEN TO FILE AS "ADDITIONAL ADDRESS" TO UPDATE THE ADDRESSES ALREADY FILED BEFORE AUGUST 7, 2013.
RESPECTFULLY SUBMITTED.
GOD BLESS GHANA AND LONG LIVE GHANA !
VERY TRULY YOURS,
BENONY TONY AMEKUDZI
INTERNATIONAL LAWYER/LEGAL CONSULTANT
CHAPTER 007
THE CONSTITUTION OF THE REBUPLIC OF GHANA 1992
REPRESENTATION OF THE PEOPLE
.Right to Vote . Electoral Commission . Political Parties
42
Right to Vote
Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda.
Electoral Commission
43
(1) There shall be an Electoral Commission which shall consist of -
(a) a Chairman;
(b) two Deputy Chairmen; and
(c) four other members.
(2) The members of the Commission shall be appointed by the President under article 70 of this Constitution.
44
(1) A person is not qualified to be appointed a member of the Electoral Commission unless he is qualified to be elected as a member of Parliament.
(2) The Chairman of the Electoral Commission shall have the same terms and conditions of service as a Justice of the Court of Appeal.
(3) The two Deputy Chairman of the Commission shall have the same terms and conditions of service as are applicable to a Justice of the High Court.
(4) The Chairman and the two Deputy Chairmen of the commission shall not, while they hold office on the Commission, hold any other public office.
(5) The other four members of the Commission shall be paid such allowances as Parliament may determine.
(6) If a member is absent or dies, the Commission shall continue its work until the President, acting on the advice of the Council of State, appoints a qualified person to fill the vacancy.
45
The Electoral Commission shall have the following functions -
(a) to compile the register of voters and revise it at such periods as may be determined by law;
(b) to demarcate the electoral boundaries for both national and local government elections;
(c) to conduct and supervise all public elections and referenda;
(a) the guarantee of a fair and realistic remuneration for production and productivity in order to encourage continued production and higher productivity;
(d) to educate the people on the electoral process and its purpose;
(e) to undertake programmes for the expansion of the registration of voters; and
(f) to perform such other functions as may be prescribed by law.
46
Except as provided in this Constitution or in any other law not inconsistent with this Constitution, in the performance of its functions, the Electoral Commission, shall not be subject to the direction or control of any person or authority.
BOY KOFI 10 years ago
I will take the Ivorian electoral dispute to compare what we have now.Elections have taken place in Dec.2012 and the EC have declared Mahama as winner and the International Community have endorsed it with all the 6 other cont ... read full comment
I will take the Ivorian electoral dispute to compare what we have now.Elections have taken place in Dec.2012 and the EC have declared Mahama as winner and the International Community have endorsed it with all the 6 other contestants conceding defeat honourably.Now,Nana Addo says the élections were fraud and has filed a petition.The Chief Justice has also sworn in the president elect and the govt has settled with Cabinet Ministers already.What kind of justice will bring peace to Ghana today?I think experience shows that the declaration of the EC must be upheld.I am saying this because Gbagbo used the Supreme Court and the Constitution of Ivory Coast to install himself over the people but the whole world saw that as injustice.
Ironically,Npp led by Nana Addo pushed Prof Mills to send Ghana Army to go and get rid of Gbagbo because he should obey the EC's declaration no matter what.Why is Nana Addo today refusing to obey the EC's declaration?The results declared show clearly that Mahama won the élections so what kind of justice are we talking about?I am not Nostradamus but I am confident that the SC will uphold the results declared by the EC.Thank you.
Kwobia ( Toronto ) 10 years ago
Well analysed.Ghanains must not under estimate The SC's ability to deliver justice.That is the escense of democracy.The public must leave out the tribal nonsense.
Well analysed.Ghanains must not under estimate The SC's ability to deliver justice.That is the escense of democracy.The public must leave out the tribal nonsense.
Paul Amuna 10 years ago
I have to say when you take on key topics such as this one, you provide great intellectual insights and your arguments are generally sound, reflective and based on good reference sources.
Although I agree with you that the ... read full comment
I have to say when you take on key topics such as this one, you provide great intellectual insights and your arguments are generally sound, reflective and based on good reference sources.
Although I agree with you that there are ONLY two options that are likely in this case, I am of the view that (though you alluded to it more generally in your article) you have left out one crucial issue - that of justice based on constitutional rights on Universal Franchise which though crucial to this case, was not addressed primarily in the evidence that we heard in court.
As i am sure we all recall, the major focus of the petition was on the "pink collation sheets" and whether they had any links to irregularities, clerical, administrative errors and such like and whether these (in combination or singly) had any significant impact on the election results.
The central issue of whether "pink sheet errors" however many (let's say 8000 plus), occurring 'after the fact' i.e. following actual votes cast, should supersede any argument about the 'rights' of those who happen to have cast their votes (fortunately or unfortunately) in those constituencies and whether by ignoring the centrality of their 'rights as enshrined in the Ghana constitution', JUSTICE will be served them as individuals (and constituents).
I want to believe that your arguments by extension, include justice for such people if Martin Luther King's arguments are to be followed.
But if we are to take Thomas Jefferson's "declaration of independence" statement about "equality under their maker", and as you alluded to, "justice" in Jefferson's context did not appear to include that of the BLACK SLAVES who even at the time of Lincoln were not regarded as "equally human" to the Whites, just as Women at the time were not regarded as an "equal sex" to men and were therefore excluded from a number of things - including the "right to vote", not just in the United /states, but throughout the so-called "civilised world".
So to me your question as to "whose justice" remains unanswered and will remain so in my view if the "rights" of all those who cast their votes (irrespective of errors, malpractices etc) purported to have occurred at the said polling stations are completely ignored in the arguments surrounding the justices' ruling.
For me, the rights of those individuals is fundamental to any justice that is meted out irrespective of any displeasure incurred from any of the parties in this case.
The Berlusconi is ranting on top of his lungs from his 'castle' about his conviction and imprisonment for fraud does not make the ruling in his case an injustice. If anything, there are many who would say, it is justice that has been denied the Italian people for a very long time!!!
Kofi Ata, Cambridge, UK 10 years ago
Paul, I intentionally left out the legal/judicial aspect of justice for good reasons. As I am not a lawyer, I will let the "I put it to you guys" who call themselves learned friends make that argument. Again, I did the legal ... read full comment
Paul, I intentionally left out the legal/judicial aspect of justice for good reasons. As I am not a lawyer, I will let the "I put it to you guys" who call themselves learned friends make that argument. Again, I did the legal analysis earlier (soon after the election), when NPP decided to challenge the result declared by the EC. Finally the article would have been too long.
I also agreed with you that justice rests with the voters and that is what I referred to as the common good. That is, would be right to disenfranchise the over 4 millions Ghanaians who exercised their right to vote?
It's uplifting to read comments from some of you as you enrich the debate, even when you disagree with the contents of the article.
Lexus 10 years ago
Be for real, Sir.
There is already a PRECEDENT set in this Election:
RESULTS FROM SOME POLLING STATIONS WERE ANNULLED FOR EXACTLY SOME OF THE REASONS ADDRESSED BY THE PETITIONERS.
Hello!!!!!!
Be for real, Sir.
There is already a PRECEDENT set in this Election:
RESULTS FROM SOME POLLING STATIONS WERE ANNULLED FOR EXACTLY SOME OF THE REASONS ADDRESSED BY THE PETITIONERS.
Hello!!!!!!
Sankofa 10 years ago
You should consider the full reasons why those polling station results were annulled.
It could be that it was wrong to annul those results. Moreover, the evidence adduced by the petitioners is unreliable and selective. The ... read full comment
You should consider the full reasons why those polling station results were annulled.
It could be that it was wrong to annul those results. Moreover, the evidence adduced by the petitioners is unreliable and selective. There are discrepancies in the pink sheets tended in evidence. How can the SC base a decision on these pink sheets when it is not clear how many were tended in evidence?
Kobena 10 years ago
Kofi,
That is a very interesting piece. I also believe that the Supreme Court boxed itself into a corner by narrowing the petition into two issues.
i) Were there irregularities in the December 2012 elections?
ii) Did those ... read full comment
Kofi,
That is a very interesting piece. I also believe that the Supreme Court boxed itself into a corner by narrowing the petition into two issues.
i) Were there irregularities in the December 2012 elections?
ii) Did those irregularites affect the final results?
From what the whole world heard and saw over the four months of the presentations, it is difficult for anyone to conclude that there were no irregularities.
Afari-Gyan's own last two days performance about the printing of duplicate and triplicate pink sheets did not help him very much, neither did his "transpositional errors" defence.
Did the irregularities affect the final results?
My take is that the fairest option will be a complete recount of EVERY vote from EVERY polling station. That will be a cheaper option than a re-run.
Kofi Ata, Cambridge, UK 10 years ago
Kobena, you make a very interesting suggestion. None of the contesting parties demanded a recount. Though that does not mean the SC could not have ordered a recount, I think we have gone beyond a recount.
Kobena, you make a very interesting suggestion. None of the contesting parties demanded a recount. Though that does not mean the SC could not have ordered a recount, I think we have gone beyond a recount.
Kobena 10 years ago
Kofi,
My point is that having acknowledged that there were indeed irregularities, the only way to determine whether those irregularities affected the final results or not will be to re-count the legally cast votes.
The ... read full comment
Kofi,
My point is that having acknowledged that there were indeed irregularities, the only way to determine whether those irregularities affected the final results or not will be to re-count the legally cast votes.
The idea will be to assemble all the votes cast at EVERY officially acknowldged polling station (viz. the ones the the EC) provided to the political parties before the elections, so the unspolit legal ballots can be verified against the number of voters that were verified to vote on the 7th and 8th of December.
That will also help to verify as to which polling stations were used in special voting and which are spurious. The physical sciences departments of universities can be co-pted in this exercise to avoid ot at least minimise "transpositional errors."
Re-counting will also be in line with Afari-Djan's own "No verification no voting" and "Any polling station that has one more ballot than the number of ballots issued will have ALL its votes cancelled" mantras.
Surely, if some voters were turned away because they could not be biometrically verified, while other polling stations had their votes annuled because "there were more ballots in the ballot boxes than the numbers issued," then it will be a matter of natural justice to apply those principles across board.
Sankofa 10 years ago
The suggestion of a recount of all the votes is impractical.
How do untrained people decide which votes are valid? If the same EC officials do the recount, the same results will emerge.
It is not proven that there were ... read full comment
The suggestion of a recount of all the votes is impractical.
How do untrained people decide which votes are valid? If the same EC officials do the recount, the same results will emerge.
It is not proven that there were any irregularities. Certainly Dr Afari-Gyan and the independent observers, including CHRAJ, declared the elections free and fair.Dr Afari-Gyan stated at the end of his cross-examination that he saw no reason to change the results declared by the EC. This is a moot point.
The simplest outcome of the petition is to uphold the results as declared by the EC.
Kobena 10 years ago
Gosh, whhat warped resoning!
AFari-Djan himself admitted that the printing of the duplicate pink sheets was completely unnecessary and that without them every polling station would have had ONE UNIQUE pink sheet.
He als ... read full comment
Gosh, whhat warped resoning!
AFari-Djan himself admitted that the printing of the duplicate pink sheets was completely unnecessary and that without them every polling station would have had ONE UNIQUE pink sheet.
He also admitted that the non-signing of the pink sheets was irregular. Non-verification is a mute point, although a detailed examination of the pink sheets will bring out which voters were not biometricallly verified.
Cases of over voting through dupliate and triplicate pink sheets and non-sigining alone are enough to call the declared results into question. Whatever independent observers said about the election is completely irrelevant judgibg from the data that the petitioners assembled.
Those who counted the ballots and posted voodoo arithmetic are ordinary mortals of Ghana, most of them almost complete illiterates. Second year Maths, Physics, Chemistry and Engineering students will do that with absolute ease!
Kwadwo 10 years ago
What if the evidence points to a re-run? Are suggesting for the reasons you stated, the court will not Order it? That will be injustice to both parties. A re-run relief should not be avoided because the country broke, Kofi
What if the evidence points to a re-run? Are suggesting for the reasons you stated, the court will not Order it? That will be injustice to both parties. A re-run relief should not be avoided because the country broke, Kofi
Kofi Ata, Cambridge, UK 10 years ago
Kwadwo, for the reasons I alluded to and for the public good, a re-run, in my view is highly unlikely, though possible.
Kwadwo, for the reasons I alluded to and for the public good, a re-run, in my view is highly unlikely, though possible.
BOY KOFI 10 years ago
There is nothing like NDC or NPP justice in the first place.The issue here is that we had general élections in Dec. 2012.The EC has official declared Mahama as winner,followed by the Chief Justice swearing him the Oat of Pr ... read full comment
There is nothing like NDC or NPP justice in the first place.The issue here is that we had general élections in Dec. 2012.The EC has official declared Mahama as winner,followed by the Chief Justice swearing him the Oat of Presidency in January 2013.I am taking the official position of the elections,gazetted in the annal books of presidency and on EC's website.Now coming to the petition,you cannot compare allegation to the legitimacy of the president.The SC court has not ruled in favour of the petitioners and the president has not been suspended.The fact also remains that the president was elected fairly according to Bawumia,the 2nd petitioner.If at all there were some irregularities somewhere,the president or NDC did not directly get involved.At least it has not been proven in court.I don't think the SC can ask Prez Mahama to step down if there is no evidence that he or his party have involved directly in electoral malpratices.Besides,Nana Addo is a record man of electoral dispute,he has always refused to concede defeat honourably.Npp supported Ouattara because he was declared by the EC,nobody had wanted to listen to Gbagbo,what makes the difference now?Somebody tell me.Thank you.
Lexus 10 years ago
Tsatsu's unscrupulous chicanery(eg taking a peek at the Petitioners' address before putting finishing tactics to his own)is exactly what is going to sink NDC.
TWO JUDGES WHO WERE, HERETOFORE, "SITTING ON THE FENCE" WILL SIDE ... read full comment
Tsatsu's unscrupulous chicanery(eg taking a peek at the Petitioners' address before putting finishing tactics to his own)is exactly what is going to sink NDC.
TWO JUDGES WHO WERE, HERETOFORE, "SITTING ON THE FENCE" WILL SIDE WITH THE 'SURE-BANKERS' TO HAND THE PETITIONERS A ROCK SOLID "unreviewable" VICTORY.
The judge frowned at the tired robber and said, “then you admit breaking into the same store on three successive nights?” ”Yes, your honor.”
“And why was that?” “Because my wife wanted a dress.”
The judge ch ...
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THANKS
THIS ARTICLE IS ENDORSED BY NEW PATRIOTIC PARTY OF GHANA LED BY NANA AKUFFO ADDO - A NOTED WEE SMOKER, WOMANIZER, PATAPAA AND A FAILED PRESIDENTIAL CANDIDATE..
FOLKS,SINCE COMING OUT I FEEL REAL GOOD NOW.FOR THOSE OF ...
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legacy of the pepeni and his murder of mills is nothing but sorrow, misery and poverty while he and his cronies boldly continue to loot the country. this is understandable since they are not Akans, they do not care as they kn ...
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NANA AKUFFO ADDO WO MAMI TWEASEIDI KAN KAN...
I NANA AKUFFO ADDO HAVE COME OUT OPENLY TO DECLARED MY HOMOSEXUALITY...THAT I SLEEP WITH MEN AND WOMEN...I HAVE DONE CHILDREN TOO. I LOVE BIG WOMEN'S ASS.
THIS ARTICLE IS ENDORS ...
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Taking his seat in his chambers, the judge faced the opposing lawyers. “So,” he said, “I have been presented, by both of you, with a bribe.” Both lawyers squirmed uncomfortably. “You, attorney Leon, gave me $15,000. ...
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MASSA KOFI, "Justice" is one of the misleading words in politics. It has implied opposites- it depends on who is at the receiving end. As the Supreme Court proceedings draw to a close, and Ghanaians everywhere await the final ...
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Kofi Ata says "I am confident that the Justices will deliver justice by looking at the evidence in cout...". I do not buy that. The Justices will maintain Mahama in the presidency and tell the EC to clean up their act for the ...
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LONTO-BOY, my view is that Ghanaians should not rule out anything and be prepared for surprises, especially when you say you can only see a political justice and not a judicial judgement. Interestingly and according to source ...
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I had to skip from the fourth to the last paragraph as I found this piece rather tiresome to read. At times I wondered whether this was only meant to impress this book long type. The symbol of the Courts is the SCALES. The ev ...
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GENERAL DeGAULE, I know from my experience of working with soldiers in Ghana that they prefer to go straight to the point rather than beat about the bush. I am therefore not surprised you jumped from paragraph four to the end ...
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FROM: BENONY TONY AMEKUDZI, ESQ.
TO:H.E.PRESIDENT OF GHANA JOHN DRAMANI MAHAMA (ONLY)
DATE: THURSDAY, AUGUST 1, 2013
SUBJECT: CONFIDENTIAL INFORMATION ALERT AS ADDITIONAL INFORMATION TO THE FEATURE ARTICLE PUB ...
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I will take the Ivorian electoral dispute to compare what we have now.Elections have taken place in Dec.2012 and the EC have declared Mahama as winner and the International Community have endorsed it with all the 6 other cont ...
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Well analysed.Ghanains must not under estimate The SC's ability to deliver justice.That is the escense of democracy.The public must leave out the tribal nonsense.
I have to say when you take on key topics such as this one, you provide great intellectual insights and your arguments are generally sound, reflective and based on good reference sources.
Although I agree with you that the ...
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Paul, I intentionally left out the legal/judicial aspect of justice for good reasons. As I am not a lawyer, I will let the "I put it to you guys" who call themselves learned friends make that argument. Again, I did the legal ...
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Be for real, Sir.
There is already a PRECEDENT set in this Election:
RESULTS FROM SOME POLLING STATIONS WERE ANNULLED FOR EXACTLY SOME OF THE REASONS ADDRESSED BY THE PETITIONERS.
Hello!!!!!!
You should consider the full reasons why those polling station results were annulled.
It could be that it was wrong to annul those results. Moreover, the evidence adduced by the petitioners is unreliable and selective. The ...
read full comment
Kofi,
That is a very interesting piece. I also believe that the Supreme Court boxed itself into a corner by narrowing the petition into two issues.
i) Were there irregularities in the December 2012 elections?
ii) Did those ...
read full comment
Kobena, you make a very interesting suggestion. None of the contesting parties demanded a recount. Though that does not mean the SC could not have ordered a recount, I think we have gone beyond a recount.
Kofi,
My point is that having acknowledged that there were indeed irregularities, the only way to determine whether those irregularities affected the final results or not will be to re-count the legally cast votes.
The ...
read full comment
The suggestion of a recount of all the votes is impractical.
How do untrained people decide which votes are valid? If the same EC officials do the recount, the same results will emerge.
It is not proven that there were ...
read full comment
Gosh, whhat warped resoning!
AFari-Djan himself admitted that the printing of the duplicate pink sheets was completely unnecessary and that without them every polling station would have had ONE UNIQUE pink sheet.
He als ...
read full comment
What if the evidence points to a re-run? Are suggesting for the reasons you stated, the court will not Order it? That will be injustice to both parties. A re-run relief should not be avoided because the country broke, Kofi
Kwadwo, for the reasons I alluded to and for the public good, a re-run, in my view is highly unlikely, though possible.
There is nothing like NDC or NPP justice in the first place.The issue here is that we had general élections in Dec. 2012.The EC has official declared Mahama as winner,followed by the Chief Justice swearing him the Oat of Pr ...
read full comment
Tsatsu's unscrupulous chicanery(eg taking a peek at the Petitioners' address before putting finishing tactics to his own)is exactly what is going to sink NDC.
TWO JUDGES WHO WERE, HERETOFORE, "SITTING ON THE FENCE" WILL SIDE ...
read full comment