Tuesday,
January 15, 2013
Folks,
there is more trouble in Osonokrom. President Mahama’s
intention to call about 4,800 witnesses to testify for him in the NPP’s
election-related case now before the Supreme Court has sent serious shock waves
through the NPP elements. Why?
Some
are worried that such a tall list of witnesses will prolong the hearing of
their case to an unbearable psychological, emotional, and physical limit. There
is a gut feeling that calling all those witnesses may take the trial to well
over 9 years to conclusively determine.
Others
are afraid that any protracted determination of the case could get them close
to Election 2016 by which time they wouldn’t have been able to put their house
in order in readiness for the elections. It means that whatever harm this
electoral dispute would have done to the party cannot be repaired and the party
strengthened to improve its standing. The fear is that the party will be
disadvantaged.
Some
are disturbed that an “unnecessary” delay will not make it possible for
Akufo-Addo’s fate to be reversed early enough for him to be declared the winner
of Election 2012. In effect, their dream may take too long to materialize. They
seem not to have the capacity to contain the fallouts.
Thus,
the best way to ensure an “expeditious” determination of the lawsuit is for the
Supreme Court not to allow President Mahama to complicate matters by calling
all those 4,800 witnesses. Here is part of their justification for it:
“No
court would allow its process to be choked through the presentation of an
extremely long list of witnesses. It can either rule, ab initio, that the
attempt to present such a list was an "abuse of the process of the
court", or if it felt lenient, order the litigant to
"consolidate" the evidence to be provided by the witnesses, and thus
put in the witness box, only one or two whose evidence would be similar to that
of those on the litigant's list, except for one or two particulars.”
That
is something that I landed upon on my rounds in a discussion forum that I
participate in, which should spur a lively conversation here as we attempt to
find answers to some questions arising therefrom:
·
Isn’t anybody involved in a lawsuit free to
call as many witnesses as will make his/her case strong to win?
·
Is there—and should there be—any attempt to
twist legal technicalities to prevent such a step being taken just because the
other party is fixated on an “expeditious” determination of the case? To whose
advantage will such a ceiling/cap on the number of witnesses be?
We
have already heard from a senior law lecturer at the Ghana School of Law
(Maxwell Opoku-Agyemang) is cautioning against lining up thousands of witnesses
in this lawsuit. He is convinced that such a number of witnesses could create
inconsistencies in the accounts of witnesses and that could be problematic.
Whilst
agreeing that there is no cap on the number of witnesses a party may call in a
civil case, he was quick to add that the court system has its own way of
“weeding out unwanted witnesses”. To him, “If you have one witness who is
credible, it is better than thousands of pathological liars” (Source:
Myjoynline, Jan. 14, 2013: http://politics.myjoyonline.com/pages/news/201301/99883.php).
Although
these viewpoints may be tangible, I can read a deeper meaning into them to
suggest that they reflect the panic mode into which the President’s intentions
have sent the NPP. This senior lecturer may not necessarily be speaking for the
NPP, but his views resonate with the subtleties that undergird the NPP’s
reaction to its opponents’ stance on the lawsuit.
The NPP members’
main motivation for opposing the NDC’s application to join the lawsuit and
President Mahama’s intention to call 4,800 witnesses is FEAR, wrought by the
realization that doing so will delay the determination of the lawsuit. Having
already conditioned themselves for a speedy trial—probably basing everything on
the Constitutional provision that election-related trials will be expedited—these
NPP elements have no room for what is unfolding right in front of their eyes.
Who wants a “speedy”
trial, anyway? And for what? You will all bear me out that it is only these NPP
elements who are talking about a “speedy” trial or an “expeditious” one.
President Mahama isn’t in any hurry because he didn’t ask them to go to court.
He is in no hurry to push the Supreme Court for any “speedy” trial because he
has no need for anything of the sort, having been fairly and freely judged by
the electorate and thumb-printed at the polls to be in office.
It is only the NPP
that is agitating for a “speedy” trial, which is why after unconscionably
contemning the integrity/reputation of the eminent Justice Atuguba only to
realize their folly and the fact that they had rather put a spoke in their own wheel,
they beat a quick retreat to recant instead of going ahead to put that protest
into a written motion for the Supreme Court to act on.
Again, it is the
NPP that is gunning for an “expeditious” trial and kicking against the NDC’s
application to join the lawsuit, not allowing the Supreme Court to decide on
it. Why the rush?
One fact is clear:
Ghanaians want the determination of the case to be nothing but FAIR. That is
why they are not doing anything to prejudice the case. Unfortunately, it is the
NPP which is doing so even though it is the only side calling for a “speedy”
trial. How can we expect a FAIR trial when the petitioners are themselves not
creating conditions for it?
Interestingly, the
President isn't in any hurry because he has nothing to hide or fear. He was
duly elected by the citizens and is ensconced in office already. What should he
fear? Why should he want a speedy trial when there is no need for a lawsuit, in
the first place? His conscience is clean and he is presiding over a country
that needs his acumen to develop. How about that?
In this lawsuit, President
Mahama and the NDC will definitely do anything to serve their interests, not
those of the NPP. That is why any number of witnesses whose evidence is vital
to the lawsuit must be called to testify.
If I had my own
way, I would suggest that witnesses be called from all the 26,000
constituencies because even though there were general and specific rules and
guidelines on the conduct of the elections, the circumstances and events
happening at each polling station weren’t a replica of each other. Each area
had its own peculiar happenings for which the polling agents, Presiding
Officers, or anybody connected with the polls must be invited by the Supreme
Court (if so desired by President Mahama or the petitioners) to do so.
Are
some people already panicking? Anxious moments are here, and the gritting of
teeth has already begun. It is noticeable. Obviously, a fly will bite an
elephant if it can find a weak spot in its tough and thick hide!!
I shall return…
·
E-mail:
mjbokor@yahoo.com
·
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me on Facebook at: http://www.facebook.com/mjkbokor
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