IMPARTIAL JUDICIARY IS
A MENTAL AND PHYSICAL PREPARATION FOR NATIONAL/GLOBAL PEACE, LEARNING FROM
GHANA'S 2020 ELECTIONS’ PETITION
Don’t Silence the Citizens with
Contempt: Let Them Talk, Let Us Learn
By
Benjamin Pulle Niriwa, 27.06.2021
Introduction
The
Judiciary of every nation globally is the last resort to solving serious
critical national and some other personal issues that need serious national or
global attention. One of the main reasons that would make group(s) or
individuals send their cases to the law court instead of resorting to violence
is because of “trust” (Niriwa a., 2021; Schnaudt
et al., 2021; Mizrahi et al., 2021).
The
judiciary is the most sacred and the most fearful institution of every nation;
not because of anything, but because that is where every secret about any case are
exposed through impartial investigation (s) for “impartial judgment” (Kempfle, 2020; Lo lacono, 2019;
Duke.edu., 2019)
or ruling for peace. A nation that has a weak or trustless judiciary is on the
way to destruction! It is therefore the duty of every person globally, to
ensure that the trust and integrity of our judicial systems are maintained!
This is done by allowing citizens to share their opinions, but responsibly.
The Main Issues of the
2020 Elections’ Petition and Lesson Learnt
Time of Appointment of the
Presiding Judge, Issues Before and After That:
The first issues of mistrust in the Supreme Court’s hearing of 2020 Elections’
petition is the appointment of a Presiding Judge, the Chief Justice, like in
the case of the Electoral Commission (EC) Chair (Ametor-Quarmyne, 2020; Kpodo, 2018), who the major
opposition party, National Democratic Congress (NDC), already did not trust and
has tagged him as being “bias” (Myjoyonline.com., 2013; OperaNews., 2021). This occurs years
before his appointment.
He
is not seen or heard refuting these claims; neither did he apologize and
promise to change, if these accusations are true. Before his appointment too,
he has already been tagged as not just being bias, but a New Patriotic Party (NPP)
member (Gyamfi, 2013). Though being an NPP
member is not a problem since any citizen that can be appointed by any
government, institution, or individual that needs his/her services; he should
have refuted these allegations to protect his name. This could have cleared
doubt in some citizens whether he is really a bias judge? Though some people
can belong to a political party but still maintain their neutrality, political
belongingness is known to influence others to become bias (Kempfle, 2020; Papayannis, 2016).
This
is a very important issue especially when he is the same person, the Chief
Justice, and the Presiding Judge for the elections’ petition; a judge is
supposed to be impartial irrespective of his/her social belongingness (Boudin, 2019; Papayannis, 2016). Like in most
professions, judicial ethics demands that a judge be “independent, impartial”,
and has “Integrity” (Boudin,
2019; Papayannis, 2016; Sharman, 1996).
This
integrity is not because of how wealthy or rich he/she is, neither is it
because of the family or tribe/race that he/she belongs to; it is not also
because of his/her religion or the school(s) that he/she attends, it is all
about how morally sound or the niche that he/she has carved for himself/herself
in society. One of the reasons why “a good name is better than riches” (Regoli, 2020; Brian., 2019)!
Besides
the “immunity” (Kempfle, 2020) that every judge has
protects him/her from any harm from a person, group, institution, party or even
a state; for giving a fair and an impartial judgment. This immunity is known to
promote independence, fairness and impartial ruling/judgment of a judge (Kempfle,
2020).
It is supposed to also contribute to the integrity of each judge! As humans, a
judge can still be bias and partial due to his/her political affiliation (Kempfle, 2020; Papayannis, 2016). This could be a
call for worry and a reason why his/her ruling might not be trusted!
To
add salts to injuries, he is tagged again as being corrupt, he is alleged to
have asked for $5milion
bribery (Kwafo, 2021; Ibrahim, 2021). But, one would ask:
why is he mostly accused by someone who is a renowned lawyer? This is what makes
most of the allegations against him as serious, this one too is alleged by
another popular Lawyer who gives reasons (KofiKnowledge, 2021).
Though
he denies it and calls on the Criminal Investigative Department (CID) of the
Ghana Police Services to investigate (Kwafo, 2021; Ibrahim, 2021), it did not there. What
further raises eyes browses is that, the CID after their impartial investigation
indicated in a press conference that, the said Lawyer “committed no crime by
stating the truth” (Ibrahim, 2021).
These
allegations are further worsen by bias comments that he allegedly made at a
funeral that he attended in the Ashanti region, where he allegedly says, that:
“those Ashantis who belong to the NDC are way off target” (Ackumey,
2021).
If a referee who is going to officiate a match between two teams is found to be
bias against one of them, is it possible that such a team would still trust
his/her officiating (Devîs-Devîs et al., 2021; Erikstad & Johansen, 2020)?
He
worsens his alleged divisive and bias statement by also allegedly adding that
should the NDC wins that election, he would resign as a Supreme Court’s Judge! Why?
Some of the statements (Offei-Akoto,
2021; Admin., 2021; Asubonteng, 2021) are what make some citizens
conclude that NPP is a tribalistic party (Ocanta,
2020; 3news.com., 2018; Faanu &
Graham, 2017; Agyemang, 2013). Some of his colleagues refuted
claims made against them before the 2012 Elections Petition hearing (Ackumey,
2021),
but he has not yet said anything on these allegations up to now. He only denied
the bribery allegations, what about the above allegations levelled against him?
A Flash Back of 2012 Elections’
Petition: In the 2012 Elections’ Petition, though the then
major opposition, NPP, did not have any serious issue(s) of mistrust with the
Chief Justice; she is not appointed as the Presiding Judge, for the sake’s of
neutrality. A Judge, Justice William Atuguba, who is not given any political
appointment is chosen as the Presiding Judge. Before and after his appointment,
there is no record of him being bias; yet after the Supreme Court’s ruling of the
2012 Elections Petition, he is tagged as giving bias ruling (Statesman, 2013; MyJoyOnline., 2018)!
This
is even after he is said to have contest as an NPP (New Patriotic Party) Member
of Parliament in 1992 (Joyonline., 2013) unlike the later.
This is a revelation that there is already an issue of mistrust in our
Judiciary that needed redress.
Meanwhile,
in the 2012 elections petition there are instances where some judges vote in
favor of the petitioners as in 7:2, 6:3, 5:4, and so on as President Akufo-Addo
himself confirms (Guide a., 2021) unlike in the 2020
Elections Petition (Osei & Ackah-Blay, 2021).
Besides these; the Former EC Chairman, Dr. Kwadwo Afari Gyan, never hesitated
to be cross-examined. There are also no serious issue(s) before, during and
after that election as compared to the latter where some EC officials falsely
tagged the major opposition as a threat to Ghana’s “Democracy” (Lartey, 2019; Joyonline, 2019)! Even the insults,
threats and false prophecies directed at the Former President; before and after
the elections (Queenlina, 2021; Odoom a., 2020; Aklorbortu, 2020) are all issues that
could contribute to mistrust, especially as the person is a Spiritual adviser
to the President (MyJoyonline., 2019).
The
issues of mistrust identified were statements that: “Any idiot can go to Court”
allegedly made by Hon. Johnson Asiedu Nketiah, “Elections are won at the
polling station and not in the Court room” allegedly made by the EC Chair, and
“No African nation has overturned elections results before and Ghana cannot be
the first” which is also allegedly uttered by the Presiding Judge (Hamokna.,
2020).
Except
these statements, the Court processes were all professionally followed without
any form of bias or favor! All Ghanaians and the world have watched that
Elections Petition Live on Television (TV) and have watched the recent one
likewise. The 2012 Elections Petition could have been judged as the best if the
statements above were not made.
A Flashback of Global Politics,
Political Violence and Electoral Auditing: There have been
cases of political-related violence in many Africans nations (Adamson, 2019; Kovacs & Bjarnesen, 2018),
not only Kenya! Ivory Coast had peaceful General Elections that were suddenly
marred with violence because of the issue of mistrust resulting in a failure to
accept their 2010 elections’ result (Cook,
2011; Purefoy, 2011; Ogwang, 2011). The opposition
candidate of this same Côte
d’Ivoire, in the 2020 Presidential Elections, was threatening again to boycott
the elections because of mistrust in their EC, as he calls for the EC to be
dissolved (Duhem, 2020). This is a message
that, mistrust in the EC or the judiciary is not only a problem of Ghana but a
global problem!
Meanwhile
Kenya is learning from her past mistake(s) by resorting to audit their EC
because mistrust in the electoral system and the failure to use legal means of
solving electoral problem(s) has led to ethnic-related electoral violence (Wambua, 2017; Kuo, 2017). Somalia’s 2016
General Elections is said to be incredible because it was fraudulent, full of
vote buying, intimidation and violence (Maruf, 2016); a bit similar to
Ghana’s 2020 General Elections.
In
the United States (US), elections auditing are done in some states like
California, that exposes duplications of almost 84, 000 in recording those who
voted (Myers, 2019), Georgia is doing
another elections’ auditing (Reimann, 2021), and Michigan’s
elections auditing reveals integrity in the elections (Michigan.gov,
2021).
The main reason that US gives for doing election audits starting with the 2000
General Elections and later enacting the “Help America Vote Act of 2002” is:
“To promote voter confidence in the election administration process” (Montjoy &
Chapin, 2005; USEAC., 2002).
Venezuela,
a country in South America, also allows auditing of their elections (Jiménez & Hidalgo, 2014; NDI, 2013).
Auditing of elections was used to confirm or introduce integrity of elections’
results in nations like Afghanistan (2009 and 2014), Haiti (2010), Kosovo (2009
& 2010), and Iraq-2005 (Darnolf et al., 2015). If one brings a
thief to court and it looks as if the court is rather protecting him/her from
providing evidence, definitely you would not expect the petitioner to trust the
ruling(s) of that court!
Issues Before, during, and after the
2020 General Elections: There were so many questionable
incidences that occur before (Ametor-Quarmyne,
2020; Wemakor, 2020; Nettey, 2019), during (Asaah, 2021; Bayar & Abu-bashal, 2020),
and after (Guide, 2021; Asaah, 2021; 3News., 2021) the 2020 General
Elections. All these issues can foil mistrust in the 2020 Elections’ petition
unlike the 2012 one. The evidence-based tribal politics in the country also a
reality that is seriously debated by both major political parties before the
general in December, 2020.
What Does the Constitution of Ghana
Says about Tribal Politics?
The
1992 Constitution of Ghana is strictly against tribal politics in the country,
and it is punishable by law to be caught engaging in tribal politics (Asare, 2021; UNWomen, 2016; Essien, 2005). Unfortunately, ethnicity
is a known secrete in the country for which both major political parties and
most people are guilty (Sefa-Nyarko, 2021;
Sefa-Nyarko a., 2021; Faanu &
Graham, 2017). Evidence of this tribalism in Ghana’s politic can
be seen in the results of most general elections (Asare, 2021;
Sefa-Nyarko, 2021; ECG, 2020; ECG a., 2020).
Evidence
of this tribal politics is also exposed by most political appointments in the
country especially as seen in the first term the current President (Offei-Akoto a., 2020; BBC., 2019; Mornah, 2018). This has led to
displeasing reactions where some patriots reminded the president that Ghana is
not a family property (Savage, 2019). Both leaders of the
major political parties have been accused of tribalism (Asubonteng
a., 2020; Ankiilu, 2020). However, whilst of them like the
Former President has openly condemned such behavior (Mogtari, 2018; Antwi a., 2018), the latter has is
not seen or heard doing likewise though most of these are recorded under his
tenure as flag bearer (Nettey a.,
2017; Team, 2015; Emmanuel, 2015).
If
we are always real with politics, what does it means if party’s leader
describes his followers on a campaign platform as a particular tribe (Essel, 2014), when the party is
made up of all tribes in the country? If you are of a different tribe, what
could be running through your mind at that particular moment? These are some of
the mistakes that allow opponents to take advantage of it and score political
point; and it’s worth it because that is one of the ways we can shunt tribalism
in politics.
There
have been increased suspicions in most elections globally like in the case of
Ghana (Quaye,
2020; LIoyd, 2019; Lopez, 2018; Ata, 2015), all because
tribalism is deeply rooted in most national politics. Rigging of elections is
an open secret in most nations (LIoyd, 2019; Lopez, 2018) around the globe;
all these tribalism/racism in politics (Sefa-Nyarko, 2021; Michener, 2020) is also amongst the
contributory factors that influence some politicians to rig elections!
Are there any Issues of the Current
Supreme Court’s Ruling That Foil Mistrust?
Bribery
allegations against a Supreme Judge (Cromwell, 2021) before the hearing
of the 2020 Elections Petition is an issue of mistrust. As revealed by law
experts, allegations against Judges whether it is true or false has the
potential of reducing people “confidence/trust” (Cromwell,
2021)
in the Judicial System, just like in the health care delivery (Niriwa et al.,
2021). During the hearing too, President Akufo-Addo is alleged to have bribed
the Supreme Court Judges (Odoom, 2021). Meanwhile, Anas has
already exposed some judges of Ghana in 2015 for accepting different forms of
bribes to favor others in Court’s rulings.
The
2012 Presiding Judge himself has also laments the attempts of some people
trying to bribe judges (Aryee, 2018; Classfmonline.com., 2018). These issues of
alleged briberies culminating with the already existing bias allegation against
the Presiding Jude before (Apinga, 2020) and during the 2020
Elections Petition, are realities of already existing mistrust in the
Judiciary. These issues of mistrusts were further aggravated by how certain
critical decisions like allowing the EC Boss, Mrs. Jean Mensah, to be
accountable to the electorates or citizens were ruled (Osei & Ackah-Blay, 2021;
Guide a., 2021; Ghanaweb., 2021).
These
issues of increasing mistrusts in Ghana’s Elections and the Judiciary are signs
of serious impending doom; a losing party might not want to resort to legal
process because of mistrust, as revealed by Hon. Dr. Hannah Bissiw (Eshun, 2021). Her comments, though
violence in nature, show the possible reality ahead as she airs her displeasure
just a day after the Supreme Court’s ruling, saying: “When they come at us with
guns and bullets, we should face them guns and bullets” (Eshun, 2021). Her explanation to
listeners: “The chaos that happened during elections that made them rob us will
not happened again”, is a reality of what judicial mistrust can lead to.
The Persistent No Rulings for Some
Critical Requests of Former President Mahama: With respect to
the call by Former President Mahama to let the EC of Ghana be audited by
neutral auditors
(Adogla-Bessa, 2020; Gyesi, 2020; Boakye, 2020) too, South Africa
and Kenya (Kuo, 2017) are examples of
African Nations who have successfully done that. Yet none of the Supreme
Court’s judges rules in favor of this important call (Osei & Ackah-Blay, 2021;
Ghanaweb., 2021)! Some NPP members also ridiculing such
an important call further raises questions about the integrity of the election.
From
the examples that are given using some nations under “Flashback of Global
Politics …” above, the court should be able to assist or facilitate provision
of evidence for an impartial ruling or judgment. So, for every electoral
process to be authentic and be accepted as credible, it must be supported by impartial
judicial processes (Padmanabhan, 2002). So, a call for an
audit only seeks to ensure or promote integrity in the elections as revealed by
International
Foundation for Electoral Systems and Democracy International (Darnolf,
2015)!
It
is worrying that none of the Supreme Court Judge rules in favor of this call
and the request to let the EC’s Chairperson be accountable to Ghanaians (Osei &
Ackah-Blay, 2021)! Yet, they further aggravated these
issues of mistrust by asking journalist to delete information which they
claimed pose as contempt of court (Ghana b. , 2021; Myinfo.com.gh.,
2021).
Unfortunately,
none of the Supreme Court Judges hearing the 2020 Elections Petition, voted in
favor of this ruling too (Kasapa, 2021)! Not even a single
judge ruling in favor of such critical issues is questionable and a further
introduction of mistrust into the judicial system! Journalists are intimidated
by the Supreme Court (Ghana b. , 2021; Myinfo.com.gh.,
2021)
when they were already going through increasing attacks and deaths’ threats.
These
are some of the reasons why some citizens, like Mr. Rojo Mettle-Nunoo, think
that the Supreme Court ruling of the 2020 Elections Petition is a: “Recipe for
Disaster” (Otchere, 2021; Kasapa, 2021). This is a very
clear revelation of mistrust in the ruling! Statements like this are an
evidence that people did not trust this current Supreme Court’s ruling as
compared to the 2012 Elections Petition.
The
Contempt and Selective Threat against Former Attorney General
The threat of contempt
by the Presiding Judge for the 2020 Elections’ Petition who verbally threatens that
Dr. Dominic Ayine (the Former Deputy Attorney General) should be disciplined
for allegedly sharing his opinion on 2020 Elections’ ruling as a “contempt of
court” (Antwi, 2021; Dyer, 2019) is an issue of
mistrust.
Dr.
Dominic Ayine is said to have made his statement only when he gives explanations
“on a CDD-Ghana platform”, telling listeners the reason(s) why he is previously
charged for a contempt of court; revealing that he is charged for accusing the
Supreme Court of “Failing to apply the rules of procedures as well as the
consistent and continuous dismissal of the petitioners’ applications or
reliefs” (Yawps., 2021).
This
has led to reactions from some members of the major opposition, NDC, where the
Chief Justice, excuse me to say, is tagged as a “Hypocrite” (Yawps., 2021). These reactions
from both the Chief Justice and Hon. Ibrahim, are signs of mistrust in our
Judiciary! For the sakes of peace, the condition or situation at which he makes
these statements should have also been considered. Trying to stop people from
talking about it or expressing their views rather further creates mistrust
about your ruling. If you know that you have done thing, you should not
disturbed when citizens are talking about it.
It
is not as if he has intentionally organized a press conference or says it at
any ordinary place: he says it at a program that allows panelists to talk about
such issues, the reason why he was not stopped. So, if the Chief Justice has a
problem with what Dr. Dominic says, then his anger should have rather directed
that towards the program that allows them to share their experiences on the
recent Supreme Court’s Judgment. This is because, it is the duty of the program
host/hostess to ensure that panelists do not talk about issues out of context!
Our
lordship the Chief Justice should let this goes under the carpet, it is a
harmless expression of opinions, without insult(s), that can help eliminate
mistrust in our judiciary. If he has insulted or directly disrespected any of
the Justices or Lawyers, your lordship will not even say a word before we start
condemning it. If we do not learn from our past judicial experiences how can we
help strengthen our Judicial System and re-build trust in our judiciary?
This
can only happen when citizens are allowed to freely express their views without
the fear of being charged with contempt, except for insults or blatant
disrespect! Lawyers and Judges can learn from these past experiences to help
them in how to approach other judicial cases, not only elections. The question
that every Ghanaian needs to ask is whether those decisions of the Supreme
Court were taken based on merit(s) or partisan basis?
Conclusion
and Recommendations
Dr.
Martin Luther King Jr. said: “Injustice Anywhere Is a Threat to Justice
Everywhere.” (Hiet, 2021; Sullivan, 2017). Using his saying, I
will also say that a Mistrust in the judicial services somewhere, is a mistrust
in judicial services everywhere. Lying against a Judge or a Lawyer is like
drinking poison, except if it is true; it creates judicial mistrust. Let us all
promote judicial trust, whether in opposition or in power! Respect your judges
and lawyers, if there is anything that you have identified about him/her,
approach him/her first to advise him/her or find out details.
Figure 1: Independent and Impartial
Judiciary Is Peace
Thank for
Reading!
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