Tuesday, August
13, 2013
I stick my neck out upfront to say
that the Supreme Court will not jail the NPP’s Kwadwo Owusu Afriyie when he
appears before it tomorrow to answer for the contemptuous utterances for which
he has been summonsed. Hopeson Adorye may have a different fate.
Both Owusu Afriyie and Adorye made
utterances that have varying dimensions. While Owusu Afriyie’s utterances verge
on “personal attack” mostly, that of Adorye are horrendous, verging on the
genocidal. That will be where the line will be drawn to determine the fate of
each as against the other.
Jailing Owusu Afriyie will definitely shake
the NPP camp and shatter hopes; it will be the bated calm to precede the storm—the
loss of their case on Election 2012. How will they take it, especially being
wary of doing anything to “annoy” the panel of judges not to see them in a good
light at this critical time in the hearing of their petition?
If Owusu Afriyie escapes “harm”, the
NPP people will celebrate it as an act of God, considering the intense prayer
sessions that they are reportedly going through for Owusu Afriyie’s sake. Will
God listen to them or punish them for mocking him?
We note that Owusu Afriyie is a lawyer
(although I don’t know which branch of law he specializes in, having come
across through his incontinence and misguided public posturing and uncouth
behaviour, not to mention unguarded utterances unbecoming of a professional
lawyer) and shares a lot with the fellow “Learned Friends” on the 9-member
panel. Will the commonalty become a mitigating factor to free him from the
noose? Probably.
Or will we say that jailing Owusu
Afriyie will speak volumes against the calibre of lawyers and that the judges
may want to save the image of the profession by letting him off the hook?
Probably.
Just a throw-back. Considering claims
by retired Justice Kpegah that a “mafia” network exists in the Judiciary to
protect lawyers being threatened with calumny if tried, will we say that Owusu
Afriyie will be pardoned to protect the image of the “mafia”? Or will jailing
him prove that the law is, indeed, no respecter of persons? We wait to see.
Now, to the main issues surrounding
this case, one of its kind to keep in mind for many years for all that it
entails.
Trapped under the weight of his own
self-guilt, Adorye has already capitulated even before coming face-to-face with the
9-member panel of judges who have accused him of crossing the “red line”. His
effusions of self-condemnation and plea for mercy have filled our ears to the
brim; and we will see whether it will influence the judges when he appears
before them tomorrow.
Kwadwo Owusu Afriyie’s attempt at
soaking up the pressure isn’t successful yet. The initial bravado with which he
reacted to the news report stating that the Supreme Court had summonsed him to
answer for his contemptuous utterances has clearly been replaced by some
apprehension. We recollect his subdued response: “I haven’t received any
summons from the Court but I will appear in Court tomorrow”.
Then, the matter was quickly hijacked
by the NPP machinery and carried over into the spiritual realm. NPP supporters
in Kumasi were reported to be organizing a vigil to intercede with prayers so
God would step in to save him from impending doom. We also heard that the NPP
supporters all over the country were being enjoined to join the vigil for that
purpose.
Timidly on the sidelines, the Young
Patriots of the NPP sought to create the impression that the Supreme Court should
have taken a similar action against others (including President Mahama) whom
they identified as culpable of the offence for which Owusu Afriyie is to face
the Court. They were reported to have petitioned the Court and submitted a list
of those to be dealt with. Wasted effort.
The Court doesn’t act on anybody’s
instructions; right? Nor will it be at the beck and call of unrepentant
characters manipulating public sentiments to prosecute their ill-fated political
agenda. The judges know better how to strike and have so far sent very cold and
nerve-wracking shivers down the spine of all the noise-makers, including Johnson
Asiedu Nketiah, General Secretary of the NDC who acted swiftly to caution his
party’s activists to be guarded in their utterances so as not to offend the
Court. To him, the NDC leaders would not defend any activists falling foul of
the “contempt of court” fiat.
Such is the power of the Supreme Court
in this regard. I am very happy that the Court has begun cracking the
whip—which was something that I had called for at the initial stages of the
petition hearing when all manner of people were making prejudicial utterances
everywhere in the public sphere to misrepresent issues and heighten tension in
the country. Indeed, had the Court not acted swiftly, the situation might be
more explosive than warranted by the form, nature, and substance of the
petition itself.
So, Sammy Awuku cowered before it and
was dealt with. Ken Kuranchie and Stephen Atubiga followed, spending some time
in prison. Although Kuranchie fought his case with foolhardiness and a vain
attempt to capitalize on his fate to court public sympathy, he has become wise
after the fact and relented in his gimmicks. What happened to these people sent
shockwaves through the system.
But what is yet to happen to Owusu
Afriyie and Adorye will add a different complexion to the matter. Why am I
saying so? Simple and short. These two seem to have been caught up in a more
intricate web of their own misguided utterances verging on the personal and the
creepy. Let’s know why, beginning with Owusu Afriyie.
On Oman Fm on June 24, Owusu Afriyie
was captured making utterances that not only demeaned Justice Atuguba but that
also caricaturized him. The
summons quoted The Enquirer Newspaper of Friday July 5, 2013, reporting Owusu
Afriyie as having described Justice Atuguba as a “hypocrite” and “a joker who
pampers” the Counsel for the third respondent in the case, Mr. Tsatsu Tsikata,
but “scolds” the counsel for the petitioners, Mr. Philip Addison.
He is
also reported to have said that Justice Atuguba always wore a frown that made
him resemble “a voodoo deity”.
The
summons further quoted The Enquirer as saying that Sir John had said “Justice
Atuguba, by his actions, was up to hypocritical antics that is intended to lead
NPP not to get the opportunity to play a tape recording of the Electoral
Commissioner, Dr. Kwadwo Afari- Gyan’s voice, declaring that ‘No verification,
no vote’, so that the President can win the case.”
So,
what the Court is asking Owusu Afriyie to do is simple: to come and “show cause
why you should not be committed to prison for contempt of this court, thereby
scandalising the court, lowering the authority and credibility of this court in
the eyes of the
general public,
and exciting hatred and ill-will towards 1st and 2nd respondent herein.”
The question is: Why did Owusu Afriyie
single out Justice Atuguba for this personal attack? Personal hatred or setting
him up for other premeditated actions such as physical attacks after being
blamed for the defeat of the NPP at the Court? Not inconceivable. I hazard the
claim that isolating Justice Atuguba for this heinous personal attack has been
the preferred method chosen by the NPP right from the very moment that the
Chief Justice empanelled the 9 judges to hear their petition with Justice
Atuguba as the President.
We recollect how the NPP’s legal team
protested against his choice (but hid behind empty rhetoric to attempt covering
it up) amidst allegations verging on his relationship with President Mahama’s
executive Secretary (Dr. Raymond Atuguba), his being of Northern Ghana
extraction just like President Mahama (meaning that ethnic ties would influence
his role), and the outright hostility toward him concerning allegations that he
was frustrating Philip Addison, counsel for the petitioners. Many more
allegations were raised, one of which was that a delegation of chiefs from
Northern Ghana had visited him to impress on him the urgency of not siding with
the anti-Mahama elements to rule against him.
In other words, Justice Atuguba was
set up as the bull’s eye for verbal attack. Thus, utterances coming from those
controlling the affairs of the NPP and the ordinary party functionaries seemed
to have been specially packaged to hurt Justice Atuguba’s personal integrity. He
had been set up as the obstacle to overcome on the NPP’s way to winning the
petition. Unfortunately, Owusu Afriyie has been reckless in going too far and his
restless mouth has pushed him into the trap (“contempt of court”).
Realizing his folly, he could only say
that he was “unhappy with the
invitation” to appear before the Court. But happy or not, he can’t do
otherwise. The Rubicon is waiting for him.
The
summons said the newspaper also quoted Adorye as saying that “the claim by
fellow NPP activist, Samuel Awuku, that the Supreme Court judges were biased
and are hypocrites was an appropriate comment for which Awuku should not have
apologized.”
Adorye later
said that his 'head cutting' comment—which he claimed has been taken out of
context—was actually made before the final touchline warning by Justice Atuguba.
But the
Court will determine matters when he appears before it. His charges are
straight-forward: to come and “show
cause why you should not be committed to prison for contempt of this court,
thereby scandalising the court, lowering the authority and credibility of this
court in the eyes of the general public, and exciting hatred and ill-will
towards 1st and 3rd respondent herein.”
The stage is set for us to know how
the Court will kill three birds with one stone on Wednesday—seeking
clarification from counsel for the petitioners and respondents, respectively,
then moving on to put the fear of God in Owusu Afriyie and Adorye.
This decision to take on Owusu Afriyie
and Adorye has strengthened the Court’s hands and reinforced my respect for the
judges. They have proved to the cynics that they can clamp down on indecency in
public discourse, especially by invoking the all-powerful “sub judice”
clause—not to gag anybody as is being imputed to it by sympathizers of the NPP
but to ensure that no one does its job for it in the court of public opinion. And
that no one poisons the public sphere with damaging and prejudicial opinions on
the petition being heard and those hearing it.
The judges have proved that the actual
venue for the case is the dark chambers of the judiciary, where they are
empowered to preside over proceedings according to what the Constitution
mandates the Judiciary to do in matters of this sort. That is why summonsing
Owusu Afriyie and Adorye is a foregone conclusion, especially after the Court
had dropped the hint that it was studying the tapes capturing the contemptuous
pronouncements made by them. I am not surprised that the matter has reached a
head.
What will surprise me is what the Court will
do to both. Although some voices have been heard pleading that the Court pardon
Owusu Afriyie (little is said for Adorye, though), what happens when he appears
before the Court will determine the line of action. Will he adopt Kuranchie’s
unrepentant and rambunctious posture, standing his ground? Or will he crumble
at the mere poke of a finger? I can’t wait to see how he will fare tomorrow.
This is where unrestrained petulance has brought him. Erring on the side of
political immaturity and mindlessness, he shouldn’t look anywhere for excuses
or to blame anybody for his sad fate.
The fault, Kwadwo Owusu Afriyie, is
within you!!
I shall return…
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Well written. Thumbs up!
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