Little
village of Tom lay placid and platitude owing to slight showers that afternoon.
The
evening was quite, only the chipping of crickets and the hideous sound of frogs
could be heard, “Kokak-Koka”. But the brilliant glow of the full moon threw
shadows of even the smallest pin.
Agya
Kofi sat in a raised platform in front of his hut flanked by children who had
come to listen to tales. The children sat astride on stools piercing their eyes
firmly and deeply to Agya Kofi.
Agya
Kofi: Tales forbade noise so let this place be as quite as cemetery and let me
tell you nice story. (He dropped his pipe from his month and adjusted his seat.
Very unusual of him, he did not tell them the always-anticipated folktales
about the cunning Kweku Ananse or the adventures of the Animal Kingdom
Agya Kofi: Today, I want to take you down the
memory lane and tell you a story about Ama Ghana. A very long, long time ago,
before all of you were born, Ama Ghana was known as the gate-way to Africa and
a beacon of peace in Africa, probably because it people were peace-loving who
embraced democracy as handed down to them by their colonial masters.
The
dominant political parties at the time were the NDC and the NPP. Then came the
fiercely contested 2012 General Elections which the NDC won. The NPP having lost
the elections, rant and raved. They said, “No we would not accept the verdict
as declared by the electoral commission Chairman, Dr. Kwadwo Afari Gyan”. They
took the matter to the Supreme Court; the highest court of the land led their flag
bearer Nana Akuffo Addo, his running mate, Dr Mahamudu Bawumia and their party chairman,
Obetsebi Lamptey.
At
the Supreme Court, we had nine panels of Justices who were selected to
adjudicate the case. They were Justice William Atuguba, the President of the
nine Judges, Justice Anim Yeboah, Justice Baffoe-Bonnie, Justice Dotsey, Justice
Ansah, Justice Adinyera, Justice Gbadegbe, Justice Akoto Bamfo and Justice
Owusu
The
NDC was led by Tsatsu Tsikata, the NPP by Thomas Addison, the electoral
commission by Quashie – Idun and finally the president led by Tony Lithur.
The
somewhat feet-dragging case soon started. The chief witness of the NPP or the
Petitioners was Dr. Bawumia who was known for his prowess in diagnosing the
economy.
Their
evidence before the court centered on six key areas; over-voting, voting
without biometric verification, absence of signature of the presiding officer,
duplicate serial numbers, duplicate polling station codes and unknown polling
stations. He was drilled and heckled by the lawyers of the first, second and third
respondents who were the president, the electoral commission and the NDC
respectively
Many
citizens soon became abreast of the legal jargon s such as “I suggest to you”,
“I put it to you”, “further and better particulars”, “affidavit” ”retrospective
penalty” “and amicus curie”. It became not uncommon for people of all walks of
life’s to discuss freely about, “pink sheet” “further and better 0particulars”
and “affidavit”
As
was very particular of Ghanaians, all of them turned into pocket lawyers and
armchair judges.
Dr. Bawumia was noted for his infamous
expression “you and I were not there” and “the evidence lies on the face of the
pink sheet”
Asiedu
Nketia, Chief witness of the second and third respondents also mounted the
witness box and as usual was subjected to hot grilling. He was not without
some sense of humor, and once bellowed when he was pushed to the wall, “a
village palm wine tapper like me may not be conversant with the law”.
The
electoral commission was represented by its chairman Dr Kwadwo Afari Gyan. He
took turns with his evidence in chief. He was however never let off the hook
without hot and fierce cross-examination by the led counsel of the petitioners,
Philip Addision. At a point, Addison grumbled, “I will push you until you hit
the wall and you will bounce back and I will hit you again”. But Afari Gyan was
not a push over; he stuck to his guns often saying “my lords that cannot be
true”
This
went on without any casualty until some armchair lawyers and so-called pundit
started running unsavory comments which were considered albatross against
judicial jurisprudence and national safety. The judges issued a stern warning
against those armchair experts
Awuni:
Did that deter the people from making such comments?
Agya
Kofi: Certainly not children, the first to fall foul of that caution was the
Deputy Director of Communication of the NPP, and was immediately summoned
before that court for contempt. He was however only cautioned to refrain from
making such comment and barred from court the rest of the proceedings. But it
appears that was not enough to deter people, Ken Kuranchie, an editor-in-chief
of a pro-NPP newspaper and Stephen Atubiga, a communication member of the NDC
also incurred the wrath of the nine justices. This time around the justices
stamped on their authority and handed Ken Kuranchie ten days imprisonment and
Stephen Atubiga 3 day’s imprisonment
Apoka:
Why did the judges give Ken Kuranchie 10 days and Stephen Atubiga only 3 days?
Agya
Kofi: Brilliant question my child; According to the justices, Ken Kuranchie was
not remorseful for his contemptuous statement but Stephen Atubiga clawed on the
ground begging “I’m responsible for my irresponsible comment”, “ am sorry from
the bottom of my heart”. And his answer to a question posed to him by Justice
Atuguba asking him where he comes from sent the court to eye watering laughter,
“I am just a poor boy from Binduri”
Aku:
Then nobody dared made a distasteful comment again?
Agya
Kofi: Far from that Aku, the General Secretary of the NPP, a renowned lawyer of
32 years experience also crossed the line and was dragged before the court. The
Judges at this point cracked down the whip on people making such comments
especially politicians’. Justice Atubuga
bellowed, “Those of you who dabble in irresponsible commentary are indulging in
illegal political galamsey”. Lest, I forget, Sir John, as Owusu Afriyie was
affectionately called, was dragged before the court alongside Hopeson Adorye, a
member of the communication team of the NPP.
Owing
to apologies the judges received from civil authorities like the national peace
council pleading the justices to tamper Justice with mercy and probably because
of night vigil some prayer groups held for divine intervention on behalf of
those contemnors, the court only fined Sir John and Adorye, ¢5,000 and ¢2,000
respectively
On
the 47th day, all the lawyers for both the petitioner and the
respondents presented their final addresses before the court and 29th
August, 2013, was set as the day for the court to pronounce its verdict.
.
Agya
Kofi: Eei children! It’s 11:00pm and the moon light is becoming dim. We must go
and sleep because tomorrow you would go to farm
.
Esi:
Awww! Grandpa, so who won the Verdict?
Agya Kofi: On the D. Day, everybody was
sitting on the tenterhooks, it was feet tapping and heart gripping moment.
People feared the outcome of the verdict could plunge the country into war.
Some people booked Visas; others stuffed various foods in their rooms
ranging from “konkonte” to “Kelewele” and others too were planning to loot shops in
case there is war. And on the day of the verdict, the whole country was as dead
as the cemetery. Everybody feared to go out. They glued to their TV sets,
radios and earpieces.
Contrary
to their expectation, the 8 months dragging proceedings was summarized in less than
5 minutes. Justice Atuguba slammed his gavel for silence and cleared his
throat, “after careful scrutiny of the evidences before this court, the first
respondent was validly elected and the petition is therefore dismissed".
Children:
(in chorus) Oooooww! Poor NPP!
Agya
Kofi: Children, I will continue to tell you the reaction of both the petitioner
and the respondents after the verdict tomorrow. (The cocks begun to cry,
signaling that day was fast approaching. All the children, some of them awaken
from their sleep dispersed to their various homes.
Writer:
Abdul Karim Mohammed A.
University of Cape-Coast.
Email:Abdulkarimmohammeda@yahoo.com
blog:Abdulkarimmohammedawaf'sblogspot