Saturday 6 July 2013

Sammy Awuku Banned at SC, As Petitioners Motion Is Dismissed The Enquirer, Thursday, 27th June,2013







By Felix Engsalige Nyaaba
The Supreme Court yesterday banned the Deputy Communications Director of the New Patriotic Party; Sammy Awuku from attending the hearing of the election petition case till the final decision on the matter is over.

Mr. Awuku appeared before the court to explain why he described the panel of judges hearing the case on an Accra based private radio station, Peace FM as “hypocritical and selective.”

He apologized unreservedly to the bench for his comments and promised not to repeat the comments] as well as apologize on other media platforms.

The Supreme Court on Monday June 24 issued a final warning to the media and social commentators that the court would not hesitate to punish anyone found culpable of twisting and spinning information in relation to the proceedings of the lection petition.

However, on Tuesday June 25, while contributing to a political debate on the radio station, Mr. Awuku , described the Supreme Court’s warning to the media and the commentators in the ongoing election petition as “hypocritical and selective”.

He further said the nine-member panels led by Mr. Justice Atuguba were choosy in citing the Daily Guide’s newspaper story about some missing boxes of pink sheets which were in the custody of Justice Atuguba.

According to the NPP Deputy Communication Director, the court could have issued the warning without necessarily mentioning a specific newspaper or persons.


But the nine panels of judges of the Supreme Court reiterated the warning on before the hearing commenced yesterday and cited Mr. Awuku's comments, describing them as inappropriate and asked of his where about?
 Mr. Awuku upon hearing that he was been sought for by the court, appeared in the court when the court rise into  Chambers  to come back and give its ruling on the application by the petition to order the EC to produce Collation Centers forms for inspection and photocopying.
In delivering the ruling against Awuku, Justice Atuguba said “in reaction to the final warning of this court with regards of improper reportage, and the previous warnings of this court concerning contemptuous comments, utterances and attitudes towards this apex court of Ghana issued on the 24th of June 2013.
Mr Awuku has apologized and withdrawn the saying before this court and has further undertaken to repeat the retraction by 6pm today. We have also considered with admiration the pleas put in on his behalf both in chambers and out by lead counsel for the parties on both sides of this case.
We have however noted with great concern the steady decline of respect for the authority of the judiciary; the third arm of government of this country over the past years,” he said.

He further held that it appears that the warnings on the 24th day of June 2013, has not been taken seriously, adding it was apparent people have pompous that they have private power in the pursuit of the right to engage in political organizations and activity by which the passions of the humble members of society are stirred up on deliberate false political propaganda is a recipe for chaos and conflict in this country.
He added that, “We have seen the Kenyan precedence and as much as we are concerned not to exercise our undoubted powers as a court of law with an iron fist, we cannot allow the emergence of over mighty subjects in this country as we said on the 24th June 2013.
 However, in order to show that we mean well for this country with regards to the exercise of our awesome powers, we have decided to stop short of invoking our powers of contempt and we invoke in the alternative our power to control the attendance of our proceedings as a public court by members of the public,” he stated .
Justice Atuguba noted that the court has taken judicial notice of the fact that Mr. Sammy Awuku has been attending the proceedings of the court in the ongoing case and think that his from attending the proceedings for the rest of the duration of the case should suffice for a start is in proper direction.
Awuku Apology
Mr. Awuku, said "my Lords, I offer an unconditional apology and withdraw the comments and the choice of words that were used which might embarrass the court or embarrass your Lordships on that said program yesterday.”

The Deputy Communications Director of the New Patriotic Party apologized "unreservedly" to the panel of judges sitting on the election petition case before for describing them as “hypocritical and selective.”

He promised not to repeat "this action” [his comments] and “if i get that opportunity I will apologize on other media platforms.”

Mr Awuku, while contributing to a political debate, described the Supreme Court’s warning to the media and party representatives in the ongoing election petition as “hypocritical and selective”.
He was of the belief that “the court could have achieved this feet by giving general warnings and warning the parties involved” since commentaries by party representatives could influence the court’s judgment.

Mr Awuku, who was not present in court when the Justice Atuguba made the call on Wednesday morning, offers an unconditional apology and withdraws the comments and the choice of words that he used the radio.

He told the court that, “on that program, tempers flared up, it was a political program and my colleagues on the other side of the program did make a comment that did infuriate me. That was no justification to have followed suit and to have embarrassed the court.”
Mr Awuku however noted that upon a sober reflection he  withdraw those comments and statements unreservedly and  promised that to the court if he  happen to get the platforms  he  would make sure he will take that opportunity to offer the  same apology.
Motion for Collation Forms dismissed
The nine panel of the Supreme Court  yesterday dismissed the motion application brought by counsel for the petitioners seeking to order the Electoral Commission to produce Collation Centers result Forms for inspection and for photocopying to assist their case.
According to the court in dismissing the motion, the application was numerations and lacks substance per the court earlier ruling dated June 5, 2013.
Sitting continues today for the KPMG representative to testify on the report of the audit counting.


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