Ghanafuo did not fight the AK 47 only to be silenced by the gavel – Professor Kwaku Asare tells Judiciary

A United States-based Ghanaian professor, Professor Kwaku Asare has waded into ongoing discussion about the tussle between the Chief Justice of Ghana and the former Deputy Attorney General, Dr Dominic Akuritinga Anyine.

The Member of Parliament for the Bolgatanga East Constituency in the Upper East Region, cited for contempt of court during the 2020 election petition was reported to have been referred to the Disciplinary Committee of the General Legal Council (GLC) by the Chief Justice, Justice Anim Yeboah following statements he made recently.

He was reported to have said during a panel discussion on Presidential Election Petitions and their impact on Africa’s Democracy that the Supreme Court in the adjudication of the election petition failed to apply the rules of procedure and continuously dismissed the plaintiff’s applications.

“I expected the Supreme Court to apply faithfully the rules of procedure to – in terms of adducing evidence – prove the petitioner’s case and so on. What we saw was a Supreme Court that was constantly putting hurdles in the way of the petitioner in terms of adducing evidence to prove the petitioner’s case,” he said.

Ayine is not a threat to the Judiciary

Reacting to the development in a Facebook post, the Professor indicated Dr Anyine was not a threat to judicial adding no amount of contempt trials or disciplinary actions will save the Judicial from credible charges of partisanship if they continue to issue unreasonable judgments.

He added that Ghanaians did not “fight the AK 47 only to be silenced by the gavel”.

“Conversely, no amount of contempt trials or disciplinary actions will save them from credible charges of partisanship if they continue to issue unreasonable judgments,” he said .

Ghanafuo did not fight the AK 47 only to be silenced by the gavel,” he added.

Judiciary is its own enemy

He blamed the judiciary for its own woes indicating “It is its poorly-reasoned ruling, in cases such as Ayine v AG, its failure to assume jurisdiction in important constitutional cases and its inability to rule timeously on time-sensitive cases that expose it to charges of partisanship and that risks undermining the court’s stature as an independent, impartial arbiter of the law”.

Discharge your duties without fear or favour

He indicated for the judiciary to purge itself of the partisanship tag placed on it, it had to discharge it duties without fear or favour and uphold, preserve, protect and defend the constitution at all times.

Professor Kweku Asare wrote;

“Akuritingayine is no threat to the judiciary.

The judiciary is its own worst enemy. It is its

poorly-reasoned ruling, in cases such as Ayine v AG, its failure to assume jurisdiction in important constitutional cases and its inability to rule timeously on time-sensitive cases that expose it to charges of partisanship and that risks undermining the court’s stature as an independent, impartial arbiter of the law.

The way forward, therefore, is not to silence those who merely offer their opinions, which the Constitution allows them to do.

The way forward is for the judges to truly and faithfully perform their functions without fear or favour, affection or ill-will, and to at all times uphold, preserve, protect and defend the Constitution.

No criticisms directed at them will be taken seriously if they perform their functions as stated above.

Conversely, no amount of contempt trials or disciplinary actions will save them from credible charges of partisanship if they continue to issue unreasonable judgments.

Ghanafuo did not fight the AK 47 only to be silenced by the gavel.

#SALL is the cardinal sin of the 8th Parliament.

Da Yie!

Source: GhanaPlus.com