PUNISH OR PARDON? AS SIR JOHN FACES SUPREME COURT JUSTICE TODA, The Enquirer, Wednesday August 14, 2013

By Felix Engsalige Nyaaba

As Kwadwo Owusu Afriyie, a.k.a Sir John General Secretary of New Patriotic Party (NPP) appear before the nine member panel of the Supreme Court today to show why he should not be committed to prison for his alleged  “distasteful” contemptuous comments against the court, the question engaging the minds of political watchers is whether he would receive punishment or pardon.

The NPP general Secretary  has been summoned to appear before the justices of the Supreme Court to defend comments he allegedly made on an Accra based private radio station, Oman Fm, which the justices of the highest court of the land considered contemptible and intended to lower the court’s authority and integrity in the eyes of the general public.

However, before he would appear today, the court of public opinion has judged him not innocent, sparking public debate on whether the NPP scribe should be punish or pardoned by the Supreme Court for his contemptuous comments against the bench.

While some lawyers and political pressure groups, such as Mr. Chris Ackumey a member of the NDC legal team and Alliance for Accountable Governance (AFAG) are pleading with the justices to temper justice with mercy and pardon Sir John for the comments, the suspended member of the New Patriotic Party, Dr. Charles Wereko-Brobby, think otherwise.

According to Dr. Wereko-Brobbey, the NPP as a party must condemn Sir John’s comments which he said were disrespectful and insulting to the President of the nine Justices hearing the Election Petition.

He however described the comments by the NPP General Secretary Kwadwo Owusu Afriyie on Justice William Atuguba as “disgusting and appalling”.

 He counseled the NPP scribe to go on his knees and beg the Supreme Court judges so that he is not jailed for what he described as “distasteful comments.”

The summons which was official issued on August 9, 2013, quoted profusely from a publication of The Enquirer issue of Friday July 5, 2013 with a headline: “Sir John Descends on Justice Atuguba…Calls him a hypocrite, A joker who pampers Tsikata, Scolds Addison.”

According to the summons, Sir John made the comments on Oman FM on June 24, 2013 and spoke in Twi, adding that the NPP general secretary per the newspaper publication had described Justice Atuguba “as a hypocritical joker who pampers the counsel for the National Democratic Congress, Tsatsu Tsikata, but habitually scolds the counsel for the NPP,” and that the judge habitually “frowned like a voodoo deity”.
The court also quoted  The Enquirer  as saying that Sir John had said “Justice Atuguba by his action, was up to hypocritical antics that is intended to lead NPP not to getting the opportunity to play a tape recording of Electoral Commissioner, Dr Kwadwo Afari-Gyan’s voice declaring that ‘No verification, no vote’, so that the President can win the case.”
The Supreme Court after several deliberation on the publication in chambers therefore issued a summon to Sir John to come and show cause as to why he should not be committed to prison for contempt of the court by scandalizing the court, lowering the authority and integrity of the court in the eyes of the general public, and exciting hatred and ill-will towards 1st and 2nd respondent in the case.
He is expected to appear in person at the Supreme Court and defend the comments that he had made which are likely to lower the reputation of the nine member justices of the Supreme Court and also prejudice the case pending before them.
The summons by the Supreme Court followed several admonitions to the public, against certain comments which deem prejudicial to the presidential election petition case pending before the court.
It therefore on June 24, 2013 issued a final warning (touchline) to all members of the public, especially  lawyers, journalists, political activists and social commentators from making prejudicial comments on the case until final determination.
After the warning a deputy communication director of the NPP Sammy Awuku crossed the touchline and was hurled before the nine justices, but he apologized profusely for the crime and the court pardoned him and took firm decision to deal decisively with any other person who found foul with the court.
A week after  this episode, the Editor of the Daily Searchlight newspaper, Kenneth Agyei Kuranchie, and a Member of the National Democratic Congress (NDC) Communication Team, Stephen Atubiga, were on July 2, 2013 sentenced to 10 days and three days imprisonment respectively for failing to obey the court’s orders to persons to desist from making prejudicial comments about the ongoing petition.