Tsikata’s shut up remark was discourteous, says Lawyer Lardy Ayenini

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Parent Category: Justice & Security

Category: Law Commentaries

Created on Tuesday, 07 May 2013 00:00

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Tsikata’s shut up remark was discourteous, says Lawyer Lardy Ayenini

Lawyer Samson Lardy Ayenini believes the “can you shut up” blurt, on Monday, by Mr Tsatsu Tsikata, Counsel for the 3rd Respondent, the National Democratic Congress (NDC), in the ongoing 2012 Presidential Election Petition at the Supreme Court, was an unfortunate incident.

Mr. Tsikata, during cross-examination of the key witness of the Petititioners, Dr. Mahamudu Bawumia, on day 11 of the Presidential Election Petition hearing, flared up when Philip Addison, Counsel for the Petitioners raised an objection to a question he (Tsatsu) had posed to the witness.

Lawyer Addison took offense and requested Mr. Tsikata to retract his words. But Mr Tsikata did not.

However, the Judges glossed over the issue and asked the two lawyers to approach the bench later on the matter.

But Speaking on the Super Morning Show Tuesday, Lawyer, Samson Lardy Ayenini, and host of Newsfile on Joy FM and Multi TV's Joy News channel stated that reference to a number of laws, such as Act 30 and the Legal Profession Professional Ethical Rules (LI 613) and the Constitution and Code of Ethics of the Ghana Bar Association (GBA), which prescribe how Lawyers are supposed to behave in Court will clearly show Mr Tsikata may have gone far with the "shut up" remark.

He said per the statutes governing the legal profession, Mr Tsikata remarks bordered on his “duty to the Court and legal profession” as spelt out in the GBA Code of Ethics.

Mr Ayenini cited parts of the GBA Code of Ethics, “It is the duty of a lawyer to treat the courts with due courtesy and respect”.

Johnson Asiedu Nketia, General Secretary of NDC, has blamed Philip Addison for the incident in court.

According to the NDC General Secretary, Lawyer Addison throughout the proceedings "heckled" Tsatsu Tsikata just to truncate his cross-examination of Dr. Bawumia.

The NDC scribe said Tsatsu’s conduct was a form of self-defense to deter him [Addison] from further interruptions.

However, a press statement issued by NPP a few hours after the incident condemned the action, blaming Mr Tsikata’s action on ‘frustration’ in dealing with the case.

But according to Lawyer Ayenini, the issue as to whether Mr Tsikata’s remark is an act of discourtesy or not should be viewed through the lens of the GBA Code of Ethics which explicitly states that “A lawyer commits misconduct if he fails to treat every lawyer, party or witness appearing before the court including any lawyer, party or witness adverse to his client with due courtesy, respect or fairness”.

He noted that Lawyers, per strict professional code of ethics are supposed to sit down in acknowledgement of a colleague Lawyer's desire to raise an objection or make a point, but that looks like a theory if compared to goings on at the Supreme Court.

Lawyer Ayenini came short of recommending a disciplinary action by the General Legal Council’s Disciplinary Committee on Mr Tsikata because of his action, but he said a sanction could serve as a “caution”.

In his view, Mr Tsikata's "shut up" blurt, and other "below the belt" comments to Mr Philip Addison during his cross examination of Dr. Bawumia could have been avoided.

From: George Nyavor/Myjoyonline.com