Monday,
July 8, 2013
Fellow country men and women,
have you yet booked your front seats at the ringside? If you haven’t, do so
immediately because a major boxing tournament will soon begin in the dark
chamber of the Supreme Court. The pugilists will be the Supreme Court and the
NPP’s General Secretary (Kwadwo Owusu Afriyie, also known as “Sir John”). The long
overdue bout—the fifth in the series between the Supreme Court and those
infringing the criminal contempt clause—promises to be more than fascinating.
The alarm bells at the Supreme
Court are already tolling loudly, beckoning Owusu Afriyie to the dock to answer
for his comments that have nettled the 9-member panel hearing the NPP’s petition
concerning Election 2012.
The Supreme Court says it has taken
“judicial notice” of “some
potentially contemptuous comments” made by him and that it intends
“advising” itself on the matter before the end of today’s hearing.
Will he be “man” enough to dance
to the tune that he has stridently called? Or will he seek refuge in some big
shots to avoid being humbled? Will anything happen Nicodemously to put the lid
on his case?
He has begun it already: “I didn’t hear my name was mentioned in
court today. I am only hearing it from you for the first time. I was in the
court but never heard my name was mentioned over making contemptuous comment. I
heard them mentioning a certain Sir John but I didn’t know it was me so I won’t
say anything for now.” he bellowed.
Now,
is Owusu Afriyie hiding behind “technicalities” to say that his official name
is Kwadwo Owusu Afriyie and not the “Sir John” that he is widely known to go
by? Eih, these people?
When
host of the show, Kwadwo Asare Baffour Acheampong (KABA) attempted to play the
voice of justice Atuguba to him, Sir John refused, responding that “please I
can’t listen to it now because in this technological age, anyone can doctor a
voice purporting to be yours so let’s wait for me to be called first”.
(Source: Myjoyonline, Monday, July 8, 2013).
His contemptuous comments
range from a direct criticism of the Supreme Court over its handling of the
criminal contempt case involving the NPP’s Sammy Awuku; claims that the Supreme
Court judges' reaction to public comments on the proceedings in the ongoing
presidential election petition was an attempt to cow people from expressing
themselves; arousing disaffection for the judges (the conduct of the Supreme
Court Judges in the infamous Sammy Awuku encounter is appalling and must be
condemned); criticism of the Court for glossing over similar “contemptuous
comments” attributed to President Mahama; and a veiled threat to Justice
Atuguba “to be careful with his actions”.
The Supreme Court won’t
have any of that show of force and affront to its integrity. Owusu Afriyie has
stepped on a landmine and committed criminal contempt for which the Court will
determine what to do next to rein him in.
Many factors make Owusu Afriyie’s
case intriguing and particularly poignant, if not overwhelming.
1.
He
is a lawyer who, presumably, knows the letter and spirit of the law and should
be the last person to confront the law.
2.
He
is aware of moves being made by the NPP leadership to provide guidelines on how
its functionaries (especially political commentators) should behave following
the Supreme Court’s stern actions regarding criminal contempt. Just yesterday,
those guidelines were issued to be strictly adhered to. Owusu Afriyie knew all
along that such guidelines were being formulated and should have restrained
himself from flouting any of them even before the entire lot was made public.
But he didn’t, which worsens his situation.
3.
As
a top-ranking member of the NPP, he is heavily invested in this legal challenge
by the NPP petitioners to the status of the Electoral Commission and the
Presidency of the country as far as the performance of constitutionally
mandated functions by such a statutory body and the fount of honour and
authority in Ghana are concerned. He is the general Secretary of the NPP, a
position that makes him the wielder of enormous powers and the bearer of a
political clout that can cow dissenting voices into submission.
He has demonstrated that power in
his recent verbal confrontations with Nana Akomea, the Communications Director,
whom he threatened to flatten if he dared challenge his position.
All these years, Owusu Afriyie
has bulldozed his way through the political terrain, muscles heavily flexed and
ready to take on anybody whose utterances or actions run counter to his. We
have heard him make several unguarded and misguided statements that haven’t left
us in any doubt as to how big he feels in his own shoes.
He has on numerous occasions
taken on President Mahama and tongue-lashed him just because of Election 2012. He
is on record as completely tearing Dr. Kwadwo Afari Gyan’s reputation into tatters;
and in concerted efforts with Kennedy Agyapong, he has wished that God would
kill the Electoral Commissioner for stealing the elections for President
Mahama.
Several other instances of loose
talk by Owusu Afriyie can be recalled to prove that he considers himself a
potentate who can do anything, including tempting Fate.
And his comments against the Supreme
Court—as is now being raised by the Court itself—have brought him face-to-face
with Fate. And nowhere else but the very venue where the essence of the law is
on display. As a lawyer, he will now dance to the tune to be called for him by
his fellow “Learned Friends”.
The Supreme Court says it has taken
“judicial notice” of “some
potentially contemptuous comments” made by him and that it intends
“advising” itself on the matter before the end of today’s hearing.
Here is where the
Court throws a big challenge to itself. Will it be able to deal with him as it
has done to the four others whose fate seemed to have catalyzed the comments
attributed to Owusu Afriyie and all others commenting on happenings and daring
the Supreme Court? Or will the Court be more rigorous in tackling him (because
as a lawyer, he should have known better not to make those contemptuous
comments)?
Or will the Court
chicken out for fear of taking him to task and ruffling the hornets in the NPP
nest? With what implications and consequences for the court itself, the
petition before it, and the country at large? Will the Court gloss over his
contemptuous comments because he is what he is and any drastic action taken
against him could provoke the NPP malcontents into taking the laws into their own
hands to cause mayhem?
What will deter the
Court from going ahead to tackle Owusu Afriyie? I don’t see any deterrent
except the Court’s own disposition or disinclination and unwillingness to
punish him as it has done other offenders. If it doesn’t do so, it will cast a
huge cloud of doubt on its integrity. It will raise eyebrows for people to
question what at all it is worth. Or whether it has two different sets of
provisions on criminal contempt—one for the small fries who have already been
punished in one way or the other; and another for the big guns who can make any
damning comment at all and get away with it unscathed. Remember that the law is
an ass and favours the powerful in society!!
Will the Court fail
to deal with Owusu Afriyie in accordance with the precedent it has already set
or fail to do so and create room for the public to accuse it of discrimination
because it is inconceivable for the Court to take swift action against other offenders
(with less contemptuous comments) and let Owusu Afriyie off the hook? I don’t
think the Court will push itself into that quagmire.
That is why Justice
Atuguba’s assessment of the situation is important. According to him, “more
terrible things are coming out” despite the Court’s conviction of Ken Kuranchie
and Stephen Atubiga to separate terms in prison for criminal contempt.
Hear him further: “…If
we take action and others are provocative and we don’t take similar action then
it looks lopsided and we don’t want that. Even where we are not lopsided, we
accused of being lopsided… We’ve called for the tape and we’ll advice ourselves
accordingly”.
We wait to know what
that “advice” will be. We are monitoring the situation with keen interest and
will definitely be guided by what the Court comes up with. Indeed, this
petition hearing has not only exposed instances of weaknesses in our body
politic but it has also given as insights into how our Judiciary can help
instill discipline in the people. Despite complaints of the Court’s
high-handedness and curtailing of freedom of expression following its stern warning
and subsequent action to punish culprits, the situation hasn’t improved, which
is why the Court’s stance on Owusu Afriyie should remain at issue.
I am more than inclined
to believe that once the Court has set the precedent on punishment for criminal
contempt, it must follow it through and punish anybody who is deemed to have fallen
foul of the law. It is only then that the situation can improve. Law
enforcement must not be compromised at all.
It has already been
established that the petition hearing is a test for the Supreme Court and the
9-member panel of judges to prove their competence and integrity. It is also a
test for the country’s democracy, whether it provides input for reforming the
electoral system or not. It is also a test of the citizens’ political maturity
or otherwise.
The importance
attached to this petition hearing is obviously high, especially because the case
is a novelty, being the first in the country’s political history and because it
will definitely determine whether the defeat of the NPP at Election 2012 is truly
unmistakable. It is difficult not to acknowledge the fact that the challenge to
President Mahama’s legitimacy has created hiccups. That is why it is imperative
for the Supreme Court to stamp its authority on the hearing so that nobody can
pick on anything to cause trouble.
I am convinced that
when Owusu Afriyie is taken to task, it will open eyes of those daring the
devil and prove to all that the Supreme Court knows how to help us maintain law
and order in the country.
In a previous article,
I listed instances of criminal contempt against other leading NPP figures and will
be watching closely to see how the Supreme Court deals with them. Owusu Afriyie
is just one of them, but his cup seems to be running fast now. Is he ready for
the bout? Oh, Jonathan! How are the mighty fallen?
I shall return…
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