??As Bar Association Defends Justice Atuguba and the Supreme Court
By A. A. Yayra
As the Supreme Court hearing the ongoing election petition contemplates inviting the General Secretary of the New Patriotic Party, Mr. Kwadwo Owusu Afriyie to answer to an alleged contemptuous comment attributed to him, his mother union, the Ghana Bar Association has resolutely endorsed the application of the law on criminal contempt of court, and said it should be maintained.
This firm position adopted by the GBA,which by far, has consolidated the position of the Highest Court of the land has intensely worsened the plight of the NPP?s General Secretary, who out of fear has been engaged in a tragic comedy ever since the President of the Court, Justice William Atuguba dropped his name as a possible candidate to be tried for criminal contempt of the court.
Though some sympathizers of the NPP, who are hiding behind the smoke screens of Civil Society groups are trying to use the back door to have the Supreme Court treat Sir John, as the NPP?s General Secretary is popularly known with ?kid groves? by arguing that the law on criminal contempt is ?archaic? the Bar Association has given a clean bill of health to the law.
Surprisingly, in the midst of the brewing storm of criminal contempt emblem embossed on the chest of Sir John and another foul mouth communicator of the NPP, HopesonAdoryea, research think-thank, Ghana Centre for Democratic Development (CDD)in collaboration with the Media Foundation for West Africa and the National Media commission organized a forum on Tuesday, July 9, 2013 on the law of contempt to among other add their voice to calls on the law to be shelved.
The forum which was on the theme: ?The courts, free speech and judicial accountability in a democracy? defining the boundaries,? was addressed by pro-NPP speakers; Professor Audrey Gadzekpo of the School of Communication, University of Ghana; Prof Emmanuel Gyimah-Boadi, Executive Director of CDD-Ghana; Prof Kwame Karikari of MFWA, Mr. KabralBlay ?Amihere, Chairman of the NMC and Mr. KissiAdjabeng, a lecturer at the Faculty of Law, University of Ghana.
All the speakers at the forum aside the Public Relations Officer of GBA, Mr. Anthony Forson Junior raised red flags at the law on criminal contempt of court, a move many political watchers alleged was informed by the political inclinations of the leaders of those groups aimed at letting off the hook the NPP folks caught in the Supreme Court?s web. Many others also believe it was a ploy to trap the Bar Association in ceding with their shenanigans.
It would be recalled that, on Monday, July 8, 2013, Justice Atuguba hinted of a possible trial of the NPP?s General Secretary who is alleged to have uttered contemptuous statements against the justices of the Supreme Court hearing the election petition.
The news has not just sent shivers down the spine of Sir John, who is jumping from one radio station to the other comically declaring that his name was not mentioned, despite his presence in court when the presiding Judge made the pronouncement, but has also rattled the cage of the NPP camp with several tactics being employed to have the boastful General Secretary freed.
Obviouslyfailing to fall into the trap set by the NPP hardliners masquerading as leaders of Civil Society groups, Anthony Forson Junior at the CDD forum stated in clear unequivocal terms that, in order to raid the political climate of inflammatory comments like that of Sir John and Co, the Supreme Court ought not to bow to any appeal from anybody or group of persons seeking to have the law repealed, rather the Justices must enforce it to the latter.
Not even a forcefully and a thunderbolt description of the law of criminal contempt as ?archaic? and a reference to the stance taken by the GBA as a move that ?defies logic? by Professor Gyimah Boadi could persuade Anthony Forson Jnr to rescind his decision to join in the chorus to have the law repealed.
According to Mr. Forson ?Any keen watcher of the courts will realize that the constitutional power to punish for contempt found in the entrenched provision of Article 126 (2) of the 1992 Constitution would come to the conclusion that the power to commit for contempt is sparingly used.
?So far it cannot be said that that power has been abused by the judiciary,? he said.
He said: ?It is our considered view that even though the generality of the people may mean well the society ought to be protected against the few who at every turn would want our beautiful country to be a lawless one.?
Vehemently opposing the GBA?s stance, Professor Gyimah Boadi described as ?contradictory?, the Bar Association insistence that the law on criminal contempt be maintained until Ghanaians and the media are better educated about the contempt laws.
According to him, the GBA?s position on the matter is not only confounding, but also defies logic, a view the other speakers at the forum associated themselves with.
?Today when you say we have to wait for the necessary public education to occur in the society and the media to be more responsible and for things to be more settled before laws that we all agree that are archaic should be expunged from our books, that to me sounds like a contradiction,? Prof Gyimah-Boadi explained.
?Source: The Al Hajj
