The Montie trio case: Did the Supreme Court act unconstitutionally?

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KANAWU KASABA 9 years ago

They received prosper justice and the punishment thereof.

They plead guilty as charged and were convicted on their own plea of guilty.

Given the barbaric nature of their crimes, they were very fortunate to have b ...
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They received prosper justice and the punishment thereof.

They plead guilty as charged and were convicted on their own plea of guilty.

Given the barbaric nature of their crimes, they were very fortunate to have been offered arraignment in a court of competent jurisdiction.
Joe 9 years ago

Did you actually read the article? Writer made clear at the start that this is not sbout their guilt or punishment, but to address the constitutionality of the SC action.

Did you actually read the article? Writer made clear at the start that this is not sbout their guilt or punishment, but to address the constitutionality of the SC action.
Willie 9 years ago

It's clear that Kanawu only read the title...

It's clear that Kanawu only read the title...
Nii Teiko 9 years ago

A little bit of reseach work could have save you from fighting a lose battle. Superior Courts elsewhere on the globe have the right to sit on both "in facie curiae and ex facie curiae" cases. Read this, Massa Kofi:

As Just ...
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A little bit of reseach work could have save you from fighting a lose battle. Superior Courts elsewhere on the globe have the right to sit on both "in facie curiae and ex facie curiae" cases. Read this, Massa Kofi:

As Justice Wallace noted in Kinar v BC:

"[O]nly superior courts have an inherent power to punish for contempt committed in the absence of the court, i.e., ex facie, and that inferior courts of record have an inherent power which is restricted to punish for contempt committed in the face of the court."

Infact, the quote above is a universal law principle enjoy by both superior and inferior courts in their respective sense. It does not necessarily need to enshrine in the constitution of Ghana.

Source:- Duhaime's Law Dictionary : Ex Facie Contempt Definition
Justice 9 years ago

Nii...although your point is valid in other countries it is moot here because it is not part of our constitution. So what exactly is your point? Di wo fie asem.

Nii...although your point is valid in other countries it is moot here because it is not part of our constitution. So what exactly is your point? Di wo fie asem.
Kofi Ata, Cambridge, UK 9 years ago

Nii Teiko, are you aware that the authority you cited (Kinar v BC) was reported in 1984? Do you seriously believe that the same will happen in Canada today (2016)? I do not believe so, so please do not believe that. Case law ...
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Nii Teiko, are you aware that the authority you cited (Kinar v BC) was reported in 1984? Do you seriously believe that the same will happen in Canada today (2016)? I do not believe so, so please do not believe that. Case law changes very fast so you should cite more recent one not one that is over two decades ago.
Kwadwo 9 years ago

Minbar v BC is still good although decided in 1984. It would still be good law if decided 100 years ago if it has not been overruled . Also are you ignorant of the fact that the Supreme can establish a procedure to deal with ...
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Minbar v BC is still good although decided in 1984. It would still be good law if decided 100 years ago if it has not been overruled . Also are you ignorant of the fact that the Supreme can establish a procedure to deal with such cases to protect the judiciary as public policy. It becomes the law of the land. Unfortunately, the Judges who were killed under your PNDC would have had a better chance was the Supreme Court allowed to function as it is currently doing, Free speech is alive in Ghana and I am glad these thugs are in the cooler.
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Willie 9 years ago

After Asare's piece on the topic three days ago, this sounds like an afterthought. Kofi Ata himself said he had wanted to write in the same vein but Asare was faster. So I don't see why he deems it necessary to cover the same ...
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After Asare's piece on the topic three days ago, this sounds like an afterthought. Kofi Ata himself said he had wanted to write in the same vein but Asare was faster. So I don't see why he deems it necessary to cover the same grounds. The only additions are the numerous Latin phrases (all given their English equivalents), a long intro and two quotations that don't really add much to the discussion.

But I will commend Kofi Ata on one thing: he didn't, for the umpteenth time, tell us Asare was his secondary school classmate. That's some progress... (lol) Hmmm, poor us who don't have classmates to talk of...
Yaw 9 years ago

The distinction between contempt happening in court and outside the court does not seem sensible under these circumstances.

The Montie 3 were busily issuing their threats while the court was still sitting.

Should that M ...
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The distinction between contempt happening in court and outside the court does not seem sensible under these circumstances.

The Montie 3 were busily issuing their threats while the court was still sitting.

Should that Mataheko guy have been in court with an erect penis before a "mens rea" or "actus rea" was proven?

Kwame 9 years ago

Let us call a spade a spade... Whiles in the civil service a niece of mine was unlawfully dismissed by the employer, a nephew also dead during and in the course of his employment. I was the second in command in the office and ...
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Let us call a spade a spade... Whiles in the civil service a niece of mine was unlawfully dismissed by the employer, a nephew also dead during and in the course of his employment. I was the second in command in the office and handle most disputes. I quickly told my superior to relief me of the two cases.
Ghanaians are not bold to look their friends in the face and tell them that they are wrong and that is what exactly this writer reveal here. A man who was summarily dismissed was reinstated by me because the command and administrative procedure was not adhered to.
Command and administrative procedure also states that you can not give the maximum punishment to a person who said he is human and that to err is human, said that he is sorry and beg for mercy. Punishment is for those who do not show remorse. Some of us see threats on our lives as occupational hazard and eliminate the threat through human contact.
What is wrong is wrong, and when act is not constitutional, and not depending on the person who omitted it is null, void and to no effect.
When you wrong a ruler in some countries you are chained and at the same time finned. But when the ruler summoned you to his palace and assaulted you he or she has also infringed on the law, though he is the one who rules over everything, he has taken the law into his own hands. Thus we shall say that he has put himself outside the law. Logically everything done to insult the law by people high or low is wrong.
I have stated that the court after ruling on the matter rose from the matter, because it did not differ the matter, thus has relieved itself of any matter concerning contempt.
The Muntie3 must be freed immediately without any precondition, because the trial and sentence are unconstitutional. Let us call spade a spade and not an instrument for digging.
HEHE 9 years ago

Still, it was a sad state of the world that people judged others not by the best that they could be but by the worst thought in their own hearts. INJUSTICE WILL NEVER GO UN PUNISH

Still, it was a sad state of the world that people judged others not by the best that they could be but by the worst thought in their own hearts. INJUSTICE WILL NEVER GO UN PUNISH
KKO 9 years ago

Kofi Ata,
Do you honestly believe that the judges of the Supreme Court should have sat tamely for those nitwits to issue threats, goaded on by their host, and get away with it?

Somehow, the Ghana Police Service has been e ...
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Kofi Ata,
Do you honestly believe that the judges of the Supreme Court should have sat tamely for those nitwits to issue threats, goaded on by their host, and get away with it?

Somehow, the Ghana Police Service has been emasculated by the incompetent and clueless Mahama government, the hopeless Attorney General would not bring prosecution. And knowing that the mentors from whom those guys derive their power and audacity have murdered Ghanaian judges before, would you make this academically porous argument (according to Nii Teiko), if any of them was your relative?

There are many idiots who go on radio to hurl insults at their betters because the system seems to encourage it. The mass of the people of Ghana need protection from those Ghanaians who harbour murderous intentions!
KA 9 years ago

Did you read the argument KKO?

It is not about what Kofi Ata honestly believes, the incompetence of the GPS, the number of idiots on our radio waves and internet portals or how many judges were criminally and brutally mur ...
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Did you read the argument KKO?

It is not about what Kofi Ata honestly believes, the incompetence of the GPS, the number of idiots on our radio waves and internet portals or how many judges were criminally and brutally murdered in the past.

It is about if, in law, the Supreme Court acted correctly.

You didn't discuss that, KKO. You're only talking about an "ideal" society, not what the law says and how it should be interpreted which is Ata's concern here.
kweku trouble 9 years ago

Atta Kofi stated that they should have been prosecuted albeit through the correct procedures. Due process should have been followed; making it a fair trial. Read again.

Atta Kofi stated that they should have been prosecuted albeit through the correct procedures. Due process should have been followed; making it a fair trial. Read again.
1 Loaf 9 years ago

Do you kko honestly believe that by jailing the famous montie 3 the sc has killed the threat on their lives. Only a mentally handicapped person will reason this way.

Do you kko honestly believe that by jailing the famous montie 3 the sc has killed the threat on their lives. Only a mentally handicapped person will reason this way.
KKO 9 years ago

You sound like the oaf that you are! Why are they and their friends begging then?

You sound like the oaf that you are! Why are they and their friends begging then?
Samson 9 years ago

Wise head Kofi. Many of the people who have commented on your article do even understand what you have written. Sadly that is the level of appreciation of issues in our country, limited understanding of issues.

Wise head Kofi. Many of the people who have commented on your article do even understand what you have written. Sadly that is the level of appreciation of issues in our country, limited understanding of issues.
Wiafe 9 years ago

Kofi does make solid points--but in a sham democracy like Ghana's the Supreme Court actions are RIGHT---given the context of wicked and evil personalities parading in the corridors of the executive arm of government.

In ...
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Kofi does make solid points--but in a sham democracy like Ghana's the Supreme Court actions are RIGHT---given the context of wicked and evil personalities parading in the corridors of the executive arm of government.

In this case, the Supreme Court is the last bulwark against evil.
KA 9 years ago

Even the last bulwark must act within the ambit of the law else it becomes just another tyrant - like the rest of them in the sham democracy we have!

The SC must interpret the constitution, not seek to surreptitiously re-w ...
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Even the last bulwark must act within the ambit of the law else it becomes just another tyrant - like the rest of them in the sham democracy we have!

The SC must interpret the constitution, not seek to surreptitiously re-write it!

Right now, it looks as shambolic as the system it is trying to save!!!

ttlawful 9 years ago

You are a good lawyer and brilliant one

You are a good lawyer and brilliant one
EFO YAO 9 years ago

YOU CANNOT MAKE THIS ARGUMENT IN A BANANA REPUBLIC LIKE WHAT WE HAVE IN GHANA. LOOK AT THE ANARCHY AND THE UNCHECKED CORRUPTION. JUDGES HAVE BEEN KILLED BEFORE IN THE COUNTRY AND WE DON'T WANT A REPEAT OF THAT. DID THE MONTIE ...
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YOU CANNOT MAKE THIS ARGUMENT IN A BANANA REPUBLIC LIKE WHAT WE HAVE IN GHANA. LOOK AT THE ANARCHY AND THE UNCHECKED CORRUPTION. JUDGES HAVE BEEN KILLED BEFORE IN THE COUNTRY AND WE DON'T WANT A REPEAT OF THAT. DID THE MONTIE MEN KNEW IT WAS WRONG TO THREATEN THE LIVES OF JUDGES?
kweku trouble 9 years ago

Are the judges not corrupt and political themselves? There's is enough evidence to prove that. Let's not act is if the judiciary is perfect. It is as corrupt as all the other arms of government. Let's stick to the issues rais ...
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Are the judges not corrupt and political themselves? There's is enough evidence to prove that. Let's not act is if the judiciary is perfect. It is as corrupt as all the other arms of government. Let's stick to the issues raised by Atta Kofi.
Bobby 9 years ago

Bottom line is we (Ghanaians)wants a sanitized media. It appears so far we are getting that after the trial. This is very important during this election year. This appears to be the posture of many of us regardless of the tri ...
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Bottom line is we (Ghanaians)wants a sanitized media. It appears so far we are getting that after the trial. This is very important during this election year. This appears to be the posture of many of us regardless of the trial itself.
Kwabena Yeboah 9 years ago

Where in the Constitution does Article 126(2) states contempt should be "in facie curiae" contempt?

Article 126(2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to t ...
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Where in the Constitution does Article 126(2) states contempt should be "in facie curiae" contempt?

Article 126(2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

According to the Article 126(2) cited above, contempt is contempt regardless of where it happens, whether in court or out of court. If it was not so, the Constitution would have specified what it means by contempt.

Here is the classic blind leading the blind.
samuel villa 9 years ago

Hahaha, Ghana and administration of justice,recall the shameful and wreckless incarceration of Tsstsu Tsikata without a counsel.There is no justice in Ghana because many Ghanaian by virtue of their respective professions are ...
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Hahaha, Ghana and administration of justice,recall the shameful and wreckless incarceration of Tsstsu Tsikata without a counsel.There is no justice in Ghana because many Ghanaian by virtue of their respective professions are demi_gods and do not act by standards and principles.
Danny 9 years ago

Thanks Kofi,for schooling lawyers & judges in the country.
The Ghana Bar (Bad)Association including our judges may all be ignorant of all you have explained no matter how unpalatable the contemnors comments were.
Teach the ...
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Thanks Kofi,for schooling lawyers & judges in the country.
The Ghana Bar (Bad)Association including our judges may all be ignorant of all you have explained no matter how unpalatable the contemnors comments were.
Teach the teacher!.Our lawyers & judges are a disgrace to jurisprudence & must be updated. They suck,big time!!!!!.
Prof. Issifu, USA 9 years ago

In law, court decisions are acceptable if they're based on precedence. The contempt trial of the MONTIE 3 has a precedence a la SC vs. Sammy Awuku et al. So Kofi Ata and AZAAR have no case here! They ought to have raised thes ...
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In law, court decisions are acceptable if they're based on precedence. The contempt trial of the MONTIE 3 has a precedence a la SC vs. Sammy Awuku et al. So Kofi Ata and AZAAR have no case here! They ought to have raised these issues during the 2013 SC contempt trial! Sorry folks!
Kofi Ata, Cambridge, UK 9 years ago

Prof, are you suggesting the judiciary should follow bad precedence even if unconstitutional? That is very interesting. How would Ghana develop then if that is your case? In any case, Sammy Awuku, Sir John and one other were ...
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Prof, are you suggesting the judiciary should follow bad precedence even if unconstitutional? That is very interesting. How would Ghana develop then if that is your case? In any case, Sammy Awuku, Sir John and one other were spared imprisonment. Only Ken Kuranchie and Atubiga were incarcerated. Yes, their summary trial, conviction, fine and incarceration were wrong at the time and are still wrong today.

I do remember Prof Asare spoke against it in 2013 but I took a different view that their actions could not be defended as free speech or press freedom. I am still of the same view as indicated in the article but arguing on the development of constitutional jurisprudence.
Kwabena Yeboah 9 years ago

Kofi, you seem to think that the two reflexive pronouns, "itself" and "themselves" are key in interpreting "in facie curiae" and "ex facie curiae". How so? in the English language, when the Subject and the Object in a sentenc ...
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Kofi, you seem to think that the two reflexive pronouns, "itself" and "themselves" are key in interpreting "in facie curiae" and "ex facie curiae". How so? in the English language, when the Subject and the Object in a sentence refer to the same person or thing we a Reflective Pronoun. This is pure grammar, Kofi! Reflective pronouns do not suggest cause and effect - the Subject in Article 126(2) is the Supreme Court, and contempt is the Object. Since the SC comprises of seven Justices or more depending on the jurisdiction, "THEMSELVES" is better grammar than "ITSELF", according to the rules of Reflexive Pronouns.

You can educate me in the law, but not in grammar of the English language, and I do not believe the law is bereft of proper grammar.

Kwabena Yeboah 9 years ago

This is the Article you refer to:

Article 126(2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record ...
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This is the Article you refer to:

Article 126(2) The Superior Courts shall be superior courts of record and shall have the power to commit for contempt to themselves and all such powers as were vested in a court of record immediately before the coming into force of this constitution.

THIS IS WHAT YOU WROTE:

Prior to analysing the above Articles let me restate that those who are relying on Articles 126(2) and 19(12) to justify the summary conviction, fine and incarceration of the Montie contemnors are wrong because the two articles are
applicable only in “in facie curiae” contempt. Why do I say so?

Articles 19(12) and 126(2) are couched in language which is manifestly self-evident that the power to punish for contempt by that same court is limited to only when the contempt occurs in court. These are the words “itself” and “themselves”.
___________________________________

This is where you have your conclusion all wrong. There is no where in Article 126(2) or Article 19(12) that contempt must take place "in facie curiae" after which the Court can take remedial action. That is your own interpretation - it has no legal basis in law. And to use the Reflective Pronoun "ITSELF" instead of "THEMSELVES" as the basis of your conclusion belies the lack of knowledge in the English grammar. As I mentioned earlier, Reflexive pronouns do not suggest cause and effect, but we use reflexive pronouns when we want to refer back to the Subject (in this case the Supreme Court) of the sentence of clause.

There are 8 Reflexive pronouns in English grammar:

Singular: myself, yourself, himself,herself, itself

Plural: ourselves, yourselves, themselves.

In Article 126(2) the main Subject in the Article is the SC, and the Object in the Article is "contempt", and since the SC comprises of not one Justice, but more than one Justices, the proper Reflexive pronoun is "THEMSELVES", not "ITSELF". It is BAD grammar to use "ITSELF".
Prof. Issifu, USA 9 years ago

Lawyers defend clients on the basis of the due process clause. There are two types of due process - substantive due process and procedural due process. Your argument in the MONTIE 3 case is based on finding a fault in procedu ...
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Lawyers defend clients on the basis of the due process clause. There are two types of due process - substantive due process and procedural due process. Your argument in the MONTIE 3 case is based on finding a fault in procedural due process! You've the right to argue along that route but the SC did nothing wrong when it jailed the MONTIE 3 because there was a precedence! There is nothing like bad precedence in law! In fact judges and lawyers all over the world reinforce their arguments with case laws or precedence!
GHANAWATCH 9 years ago

A precedence you mean,Mr Professor?It is a bad precedence which I will advise no lawyer to allude to in court.Can a judgement based on a wrong judicial procedure be a lawful precedence?Even laymen are laughing at the Supreme ...
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A precedence you mean,Mr Professor?It is a bad precedence which I will advise no lawyer to allude to in court.Can a judgement based on a wrong judicial procedure be a lawful precedence?Even laymen are laughing at the Supreme Court.
Aku 9 years ago

Thanks for the education, Kofi. Our justices certainly need to exercise their power with more discretion than they did in this case.

Thanks for the education, Kofi. Our justices certainly need to exercise their power with more discretion than they did in this case.
GHANAWATCH 9 years ago

The judgement of the Supreme Court stands to be questioned because it sat and judged a case to which it was an interested party.Iam surprised that Ghanaians are silent over the illegality of what the Supreme Court did.Or we ...
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The judgement of the Supreme Court stands to be questioned because it sat and judged a case to which it was an interested party.Iam surprised that Ghanaians are silent over the illegality of what the Supreme Court did.Or we accept that whatever the Supreme Court does is right?What the Supreme Court did was an usurpation of the powers of the lower courts WHICH SHOULD NOT HAVE HAPPENED.
Kwabena Yeboah 9 years ago

My friend, the Constitution of Ghana prescribes "due process of law" in addressing individual rights in a democracy. If you have issues with the way SC handled the case of Montie 3 criminals, file an appeal on behalf of the c ...
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My friend, the Constitution of Ghana prescribes "due process of law" in addressing individual rights in a democracy. If you have issues with the way SC handled the case of Montie 3 criminals, file an appeal on behalf of the criminals and go to court.
Kwadwo 9 years ago

They can appeal if they feel the judgment was unjust. They pled guilty are you guys are wasting our time with these weak ball scratching articles. Free speech is alive and well in Ghana.

They can appeal if they feel the judgment was unjust. They pled guilty are you guys are wasting our time with these weak ball scratching articles. Free speech is alive and well in Ghana.
Wiafe 9 years ago

Human law is an experiment and deficient. This is because it not enough to build a society on the rule of law alone. There has to be sufficient morality in the society to back up the law. What the montie 3 is wrong (morally ...
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Human law is an experiment and deficient. This is because it not enough to build a society on the rule of law alone. There has to be sufficient morality in the society to back up the law. What the montie 3 is wrong (morally speaking) and what the police did by not arresting the montie is wrong; and what the NDC continues to do by supporting the Montie 3 is again wrong.

The law alone cannot hold society together. There has to be widespread acceptance of common morals. The NDC government is weakening the moral basis of society.
Henry 9 years ago

Try and define Contempt properly . All your constitutional spirit doesn't conform to superior court judgement. Special your definition for for Latin meaning are most worry . Contempt can be both in side and out side Court. Ju ...
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Try and define Contempt properly . All your constitutional spirit doesn't conform to superior court judgement. Special your definition for for Latin meaning are most worry . Contempt can be both in side and out side Court. Jurisprudence
Henry 9 years ago

If Supreme court can't adjudicate . Why don't learned friend knowing better writ for Certiorari . By Kofi Atta comments . Please the Justice's has discretion by the Constitution to give Judgement if you don't Agree or satisfy ...
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If Supreme court can't adjudicate . Why don't learned friend knowing better writ for Certiorari . By Kofi Atta comments . Please the Justice's has discretion by the Constitution to give Judgement if you don't Agree or satisfy Appeal for Judicial Review.

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The Montie trio case: Did the Supreme Court act unconstitutionally?

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