Critique of Supreme Court in Zanetor's case

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• gyenibeesq 8 years ago

  SYBB DOCTRINE OF ACCRUED INTEREST .DOES IT APPLY IN THIS CASE?

  SYBB DOCTRINE OF ACCRUED INTEREST .DOES IT APPLY IN THIS CASE?

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• Sarah 8 years ago

  What more do u expect from the make up of such a panel.pwamang was an executive of pnc.apau curriculum is recipe of the best cadet.atuguba very intelligent and u can see it clearly in how he struggles in trying to justify his ...
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  What more do u expect from the make up of such a panel.pwamang was an executive of pnc.apau curriculum is recipe of the best cadet.atuguba very intelligent and u can see it clearly in how he struggles in trying to justify his rulings.I weep for mother ghana.would we ever get the samr ilk of judges massacred on June 30th? I doubt it

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• Kwaku Gbloenawo 8 years ago

  The decision that the High Court will arrive at in applying the Constitutional provision ie) Article 94 (i) will result to a fundamental error and hence the need for interpretation. Let us simplify your confusion by settling ...
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  The decision that the High Court will arrive at in applying the Constitutional provision ie) Article 94 (i) will result to a fundamental error and hence the need for interpretation. Let us simplify your confusion by settling this basic fact. When does one become a candidate for National elections? Is it when a party nominates or elects a candidate or when the candidate is presented to the ECOCGHAC as a candidate? If I am an independent candidate, when am I eligible for election?
  On the face of these questions and the likely obvious answers, it is premature for the High Court to be applying Article 94 (i) at this time. It is the High Courts insistence to apply the Constitutional provision that automatically triggered the need for interpretation to save it from the embarrassment of a fundamentally flawed judgement it was going to burden itself with.
  The plaintiff rushed and alerted the defendant to her rights of defence. He would have succeeded if he waited for her name to have been furnished to the ECOCGHAC before the instant action. As it is now, the SC has only exercised its supervisory jurisdiction to ensure the lower courts act in accordance with the law.

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• Kwaku Gbloenawo 8 years ago

  Sorry about my spell check ECOCGHAC should have read EC

  Sorry about my spell check ECOCGHAC should have read EC

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• Kofi Ata, Cambridge, UK 8 years ago

  Dr Poku Adusei, where have you been all these years? I really enjoyed reading your excellent analysis on the Supreme Court ruling on this case. I think you are too diplomatic because I do not understand why you avoided descri ...
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  Dr Poku Adusei, where have you been all these years? I really enjoyed reading your excellent analysis on the Supreme Court ruling on this case. I think you are too diplomatic because I do not understand why you avoided describing the judgement as "per incuriam". The judgement beggars belief and is a dangerous precedent. How can a matter relating to NDC's constitution and parliamentary primary election dispute go to the Supreme Court simply because a provision of the 1992 Constitution must be applied? Moreover, that provision is abundantly clear, unambiguous and requires no interpretation? This is not confusion but constitutional madness.
  
  Fo me this whole case is abuse of process and the Supreme Court should not have even entertained it. The mere fact Zanetor's Attorney also lodged an appeal at the Appeal Court showed their desperation to delay or stop the case in order to give Zenator the opportunity to register and become a registered voter so that should her election be ruled unconstitutional, null and void, she will become eligible re-contest (if NDC reorganised the primary).
  
  I am not surprised with the majority decision, especially with JSC Appau who ruled the killing of the Ya-Naa as having died at war when there was no war in Ghana. He had not knowledge on the laws of war yet he applied them and did so wrongly. Is is not interesting that three of the majority Justices all were appointed SCJs under NDC governments?
  
  Ghana's Supreme Court often accepts cases that should have been referred to the High Court and as a result it is overburdened with cases. This is a typical example and with elections in November, no one knows when this case will be disposed off by the SC. It's sad.
  
  Please let's read more from you on legal matters especially on Supreme Court cases. I hope more visitors will read and post their comments.

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• Ay3ka 8 years ago

  Telling the entire universe that, the rulings of the SC are based solely on partisan considerations! In that case, can you point to the non-NDC interest in this case? It is loud-mouths like your type, who without the proper l ...
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  Telling the entire universe that, the rulings of the SC are based solely on partisan considerations! In that case, can you point to the non-NDC interest in this case? It is loud-mouths like your type, who without the proper legal education, training, and experience, have inserted yourselves in matters, where you do not belong!
  From a short stint as a panel member of an Employment Tribunal,a quasi-legal body which uses informal procedures to guide its deliberations, you think you are qualified to make a pronouncement on a decision of our Apex court?
  Btw,has Poku Adusei, now joined the NDC Party? Surprisingly, neither you nor your long-lost friend, Poku Adusei, uttered a word about the ridiculous decision handed down by a SUPPOSEDLY APOLICAL JUDGE, in the Sammy Crabbe vs NPP case, barely a month ago!
  Let's face it, how can anybody,least of all an Appeals Court Judge, sitting as a High Court Judge, 'dream up' such a decision based on 'Makola' or 'Kejetia' logic?
  So now in this country, you are deemed to have forfeited your "rights", simply because you refuse to submit yourself to the whims and caprices of a patently biased and improperly constituted committee/organ of a party!
  Heaven help us!

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• Kofi Ata, Cambridge, UK 8 years ago

  Ay3ka or whatever you call yourself, the fact that I am not a trained or qualified lawyer does not mean I am ignorant in matters of law, its application and interpretation. When I say JSC Appau was wrong on the Yaa-Na case, I ...
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  Ay3ka or whatever you call yourself, the fact that I am not a trained or qualified lawyer does not mean I am ignorant in matters of law, its application and interpretation. When I say JSC Appau was wrong on the Yaa-Na case, I speak on authority because I studied that aspect of Law with law students so I do not lack proper legal education as you claim. I do not understand your question on my long lost friend because I have no idea who Dr Poku Adusei is. I guess you misunderstood my statement on where has he been all these years. I note that this is his first article so I wondered why he is never written on legal issues because I liked his brilliant analysis.
  
  What has the Sammy Crabbe case got to do with Zanetor ruling that has significant judicial and constitutional implications for Ghana?. The fact is, I am least interested in NPP's internal conflict because it has less significance for me. If NPP cannot get its house in order, why should I be concerned? If you are concerned, what stops your from posting an article on Ghanaweb?
  
  What do you disagree with Dr Adusei's analysis instead of attacking me? By the way, what is wrong with me expressing a view on the decision of your Apex Court? Do I have to have proper legal education, training and experience before doing so? Where did you get that idea from?
  
  To the specific question of pointing out the political consideration, let me remind you that SCJ Atuguba was appointed to the the SC court by ex-president Rawlings, Appau and Pwamang were appointed by President Mahama. I understand both NDC and Prsident Mahama want Zenator to be in Parliament. Do you see the NDC connection?
  
  I do not blame the majority Justices but NDC for fiddling with the own rules solely to suit Zanetor becuase of her father. That is one of the problems in Ghana. I wish NDC could read ahead and envisage what is about to hit them either after 2016 or around 2020, depending on the outcome November presidential election if Zenator gets into parliament. She is the smoking gun for the Rawlingses to get control of the party the consider to be theirs.
  
  When Mahama wins and if Zenator is elected into Parliament, her father will insist on Mahama appointing her into a cabinet position. After four years, she will contest for the NDC presidential primary and that is where the body and soul of NDC would be tested and could split the party as it did previously. Should Mahama not win a second term in November and Zenator be elected into parliament, the fight for the control of the party will begin in 2017 and that is when the party will realise why the Rawlingses wanted their daughter to be an MP. NDC can scheme in her favour instead of ensuring a fair play and they may live to regret it later. Watch this space.

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• Ay3ka 8 years ago

  Abdul Malikk Kweku Baako? We know the guy has a personal score to settle with JJ; and while making parroted submissions on TV or Radio, he unilaterally projects himself as an 'authority' on legal matters like yourself, althou ...
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  Abdul Malikk Kweku Baako? We know the guy has a personal score to settle with JJ; and while making parroted submissions on TV or Radio, he unilaterally projects himself as an 'authority' on legal matters like yourself, although he too, has also never set foot in any Law School!
  Are you now running away from the central arguments you put forward in support of Poku Adusei's jaundiced piece? The last I checked, your friend and mentor, and you seem to have a lot of them littered across the globe, Adusei, was in court, vigorously defending the take over of the NPP by the current Flagbearer and his devotees! So 'little' Johnny Cochrane, can you also not see that Nana Adoo desperately wants to be surrounded by the likes of Phillip Addison, Ursula Owusu and Naa Torshie? What 'sin(s)' have other longtime party faithfuls like Vicky Bright, Collins Owusu Amankwah, and Anane to deserve the shabby treatment that has been meted out to them?
  You talk about who appointed SCJ Atuguba to the SC, while conveniently failing to tell readers about the fact that this same learned Jurist had once run on the ticket on the NPP, as the party's parliamentary candidate! And btw, who appointed the current CJ, Messrs Kwame Afreh[ now deceased],Baffoe Bonney, Anin Yeboah to the Apex Court? Please do not attempt to bite more than you can chew! And are you, perhaps, trying to draw our attention to a hidden NPP connection to certain Jurists we do not know about? How come you are now fixated on what the Rawlingses might want to do, should Prez Mahama win re-election, but not at all concerned about the 'unholy alliances' that others are desperately seeking to form, to shore up their bid for the Flagstaff House? What can JJ and his family do in 2017 that they are incapable of doing now? How influencial is neophyte like Zenator going to be in the NDC in a few years from now anyway? Stop wasting your time conjuring up situations that do not seem plausible, and concentrate on the political realities[facts] on the ground!

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• razak 8 years ago

  And what is wrong if zenator contest for ndc flag bearership?

  And what is wrong if zenator contest for ndc flag bearership?

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• Misshibounn? 8 years ago

  A PRECEDENT WAS SET UP WHEN THE DISPUTED 2012 ELECTIONS WAS ADJUDICATED IN FULLY FLEDGED TRIAL AT THE SUPREME COURT. WHEN DID THE SC ASSUME ORIGINAL JURISDCTION (A PRESERVE OF THE ALMIGHTY HIGH COURT)IN ELECTORAL RESULT DISPU ...
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  A PRECEDENT WAS SET UP WHEN THE DISPUTED 2012 ELECTIONS WAS ADJUDICATED IN FULLY FLEDGED TRIAL AT THE SUPREME COURT. WHEN DID THE SC ASSUME ORIGINAL JURISDCTION (A PRESERVE OF THE ALMIGHTY HIGH COURT)IN ELECTORAL RESULT DISPUTES.??

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• teneboah kodua 8 years ago

  The case at the highest court should have reclused The four justices who formed the majority were: Justice W.A. Atuguba, Justice A.A. Benin, Justice Yaw Apau, and Justice G. Pwamang;
  
  That was a biased court tipped for raw ...
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  The case at the highest court should have reclused The four justices who formed the majority were: Justice W.A. Atuguba, Justice A.A. Benin, Justice Yaw Apau, and Justice G. Pwamang;
  
  That was a biased court tipped for rawlings

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• Ay3ka 8 years ago

  Based solely on partisan considerations! In that case, can you point to the non-NDC interest in this case? It is loud-mouths like your type, who without the proper legal education, training and experience, have inserted yours ...
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  Based solely on partisan considerations! In that case, can you point to the non-NDC interest in this case? It is loud-mouths like your type, who without the proper legal education, training and experience, have inserted yourselves in matters, where you do not belong!
  From a short stint as a panel member of an Employment Tribunal,a quasi-legal body which uses informal procedures to guide its deliberations, you think you are qualified to make a pronouncement on a decision of our Apex court?
  Btw,has Poku Adusei, now joined the NDC Party? Surprisingly, neither you nor your long-lost friend,uttered a word about the ridiculous decision handed down by a SUPPOSEDLY APOLICAL jUDGE, in the Sammy Crabbe vs NPP case, barely a month ago!
  Let's face it how can anybody,least of all an Appeals Court Judge, sitting as a High Court Judge, 'dream up' such a decision based on soley on 'Makola' or 'Kejetia' logic?
  So now in this country, you are deemed to have forfeited your "rights", simply because refuse to submit yourself to the authority of a biasednd improperly constituted committee! Heaven help us!

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• samuel Azumah 8 years ago

  This is a very good digestion of ezanator case.I am with her

  This is a very good digestion of ezanator case.I am with her

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• razak 8 years ago

  Some writers paaaa with phd. Does this writer know that the whole case is about interpretation of the constitutional article?. What locus has high court judge with such an open bias got to interprets such article in a manner ...
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  Some writers paaaa with phd. Does this writer know that the whole case is about interpretation of the constitutional article?. What locus has high court judge with such an open bias got to interprets such article in a manner the judge did. If the judge wants to be interpreting the constitution he should work had to get to supreme court and not in his high court chambers.

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