Re: Balancing speed with justice, the task before the 9 Justices

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Created on Thursday, 14 February 2013 00:00

The Peoples Apprehession? HOLD IT… MR. GABBY OTCHERE-DARKO

13 Feb 2013

Mr. Gabby Otchere-Darko, cannot sleep as revealed in his recent article ‘’BALANCING SPEED WITH JUSTICE, THE TASK BEFORE THE 9 JUSTICES’’. The leadership of the “Alliance for the Empowerment of NDC Constituency Branch Executives’’ wishes to tell Mr. Gabby Otchere-Darko, to believe in the 9 Justices of the Supreme Court and have a good sleep whilst Ghanaians await their constitutional and legal judgement of the ‘’NPP’s’’ petition brought before it challenging the validity of the Presidential Elections held on December 8, 2012.

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For his further education and enlightment, there is no considerable weight of apprehension across the country, or people fearful of trouble should the court rule against the petitioners and/or there would be any fearful reaction should the court rule in favour of the ruling Party, the NDC---as he (Otchere-Darko) ignorantly seeks to portray.

Mr. Gabby Otchere-Darko, this is all because though the constitution provides for the Supreme Court to be the final arbiter in presidential election disputes, the same (1992 Constitution) pronounces that the Supreme Court’s authority and all powers of Government be it the Executive or the Legislature resides in the people. Therefore, how could the people in whom resides the fullness of this authority and powers and/or sovereignty be apprehensive in a decision of those it has entrusted a bit of its powers and authority?

Furthermore, the people have entrusted the 9 Justices of the Supreme Court with the law…the law of the people by the people and for the people. Not your apprehension of the people did the people entrust in the hands of the 9 Justices of the Supreme Court. It is the law. The people trust and believe in the 9 Justices of the Supreme Court…the people have never doubted their full knowledge and understanding of the constitution and the laws of Ghana.

Also, it is evident that Mr. Gabby Otchere-Darko could not sleep over the decision of the highly learned Justices of the Supreme Court by law to allow the NDC to join the petition filed by the NPP in the name of Nana Akufo-Addo, Dr. Mahamadu Bawumia and Mr. Jake Obetsebi Lamptey challenging the validity of the results of the 2012 presidential elections.

For your further and better education, the Supreme Court’s decision was reached on law and by law that John Dramani Mahama was not elected as an independent presidential candidate but did stand and was elected as president on the ticket of the National Democratic Congress (NDC) and by that the NDC per the constitutional provisions and by law is a necessary party to the matter before it ( the Court) and has an invested interest in ( President ,John Dramani Mahama) to defend and protect in the interest of justice. We hope this is clear to you.

Moreso, the task before the 9 Justices of the Supreme Court now is not how best to case manage the process to serve the interest of justice, both against delay and against undue haste. Rather, what is before the 9 Justices of the Supreme Court now is how best to uphold the constitution and the law which legally lies in their bosom---not in your mouth to say or within you to direct.

Not at all. Therefore, it is untrue to quote you “delaying this case would heighten political tension, thicken the clouds over the legitimacy of the president, and, in the words of one commentator, make ‘grievances linger, breeding anxiety and uneasiness and leading to an inevitable eruption of rage”.

Why? If you (Mr. Gabby Otchere-Darko) and the NPP Militants can not wait on the Justices of the Supreme Court and you want to declare Nana Akufo-Addo the duly elected president, then hurriedly go ahead and do so.

Last but not least, it is also untrue that what is left before the court now is how the 2nd respondent the Electoral Commission (EC) would proceed to deny the evidence before the court.

It is misleading because there is no evidence before the court now, as we speak by the petitioners.

Now it is rather left with how the petitioners will proceed with evidence that the 2nd respondent (the EC) beyond all reasonable doubt substantially violated the constitutional provisions for determining the electoral will of the people as well as the electoral laws…and by that it will have a substantial effect on the results declared at all the polling stations under question as alleged by the petitioners.

It is when this is satisfied that the 9 Justices of the Supreme Court will boarder itself to look into the merits of evidences before it.

CONVENER

EBENEZER ARKUTU