The Supreme Court yesterday sentenced Salifu Maase aka Mugabe, host of “Pampaso,” a political programme on an Accra-based radio station – Montie FM – and two other panelists who threatened the judges with death.
They were slapped with a four-month jail term each for contempt of court.
The five-member panel of judges, presided over by Justice Sophia Akuffo, also ordered Mugabe and the other contemnors – Godwin Ako Gunn, 39 and Alistair Tairo Nelson, 41 – both National Democratic Congress (NDC) activists, to pay a GH¢10,000 fine each or in default serve another one month in jail.
The court was not happy with the Attorney General for refusing to press criminal charges against the convicts when it was clear that they had crossed the red line with death threats and criminal attacks on judges, particularly Supreme Court justices.
Mugabe had told his panelists to open fire on the justices by attacking them with threats of death, in addition to allowing a certain Nash of Mataheko to ‘marry’ Chief Justice Georgina Wood in the event of the break out of war.
The NDC communicators had threatened to kill the judges who were sitting on an election-related case, thereby incurring the wrath of the justices, who cited them for criminal contempt.
According to Alistair Nelson, he was possessed by “Kpokpogbligbli,” which is an unknown disease that is said to take over a person’s body and controls what he says and does.
The court also slapped Kweku Attuah and Edward Addo, both directors and shareholders of Network Broadcasting Limited, operators of the station; Lawyer Kojo Bram Larbi, secretary to the board of directors; Harry Zakour, a vice chairperson of the NDC and Zeze Media, owners of the frequency, with a GH¢30,000 fine or in default be individually held liable.
Network Broadcasting Limited, parent company of Montie Fm and Radio Gold, was also fined GH¢30,000 – bringing the total amount of money to GH¢90,000.
The company was also ordered by the court to produce a report on policies and measures put in place to avert the re-occurrence of a situation where hosts and panelists would run riot on air by close of day today.
Reality dawned on the three, who were earlier on spotted in court exchanging pleasantries and engaging in hearty conversations, as though they were sure of their fate.
Mugabe had earlier boasted that he was not afraid of jail in as much as he was working towards the NDC’s victory in the December polls, but when the reality dawned on him, he became sober.
After the verdict, they were whisked away in a waiting van to begin their sentences at the Nsawam Prisons.
The security at the court was very tight, with four not-too-well-fed dogs patrolling with their guards. That did not prevent some NDC activists from storming the court in solidarity with the convicts.
The NDC activists expressed disappointment with the outcome of the case.
Supporting NPP?
Sentencing the gang, Justice Akuffo said the case before the court was not about the Chief Justice or the judges who were verbally attacked, but rather the judiciary as an institution.
Justice Akuffo said the comments of Ako Gunn and Alistair sought to suggest that the judges sitting on the case were working to support the opposition New Patriotic Party (NPP).
She stated that the court was not oblivious of the role of the media as the fourth estate of the realm and that of all the arms of government, it is only the judiciary which requires the support of the citizenry in the execution of its duties.
Quoting constitutional provisions that establish the independence of the judiciary, she noted that even the president cannot control judges.
“The court is deserving of utmost respect if the country’s democracy is to be safeguarded. Any conduct that seeks to interfere with the judiciary is an act against the community,” she said.
In the view of the justices, the comments of the contemnors, spurned on by Mugabe, undermined the judiciary by shaking the confidence of the public in the institution.
Total Irresponsibility
Touching on why the court tied the fate of the directors and stakeholders of the station to that of the three paddies, the justices said that they (directors and stakeholders) provided the physical facilities for the statements to be made.
Justice Akuffo said the explanation by the directors that they were hearing the said comments for the first time when it was played in court was “totally irresponsible.”
The court was of the view that the directors were the faces behind the company.
The Trio
The judges contended that Mugabe, who was the host of the programme, ought to have moderated the show but rather joined the two panelists to “open fire” on the judges.
She noted that Mugabe also supported the panelists with comments and urged other hosts to exhibit professionalism in their line of work.
The panelists, Justice Akuffo noted, were not bothered by any code of ethics when they went to the station, adding that they were totally reckless and irresponsible.
She maintained that although the public was at liberty to criticize judges, she was emphatic that that should be done within limits.
The three convicts, she said, also callously reminded the court of the gruesome murder of three high court judges, which took place in 1982.
The judge stated that the sentencing of the three was to serve as a deterrent to others.
In a related development, Ato Ahwoi, a director of the company and former presidential advisor, who was not in court at the previous hearing, was joined to the case yesterday.
Roll Call
Having pleaded guilty with explanation, he said NBC, operators of the station, as well as Radio Gold and Gold TV, were set up in 1995 to assist in expanding the frontiers of press freedom.
He said the station had over the years trained people like Kwami Sefa Kayi, Robert Nii Ardey Clegg, Paul Adom Otchere and Randy Abbey, among others.
Mr Ato Ahwoi, popularly called Don King in NDC circles, noted that the station had tried to produce some good journalists in the country and that it was unfortunate the platform was used to make such “unpalatable and unmeritorious” comments.
Citing an instance where a commentator on a radio station in 2011 had accused him of being gay who was “sleeping” with the late J.E.A. Mills in the Castle, Ahwoi stated, “I know how it feels when certain unmeritorious things are said about you…”
He said the station was not set up to malign anybody, noting that when the incident came to the attention of the mangers of the station, certain steps – including banning the panelists from appearing on programmes and suspending Mugabe – were taken.
Mr Ahwoi, who walked with the aid of a stick stated, “I hope this explanation will go down well with the court.”
But he was found guilty of criminal contempt by the court and duly convicted.
By Jeffrey De-Graft Johnson