Portia: The quality of mercy is not strain’d
It droppeth as the gentle rain from heaven
Upon the place beneath.
It blesseth him that gives and him that takes…
It is an attribute to God himself,
And earthly power doth then show likest God
When mercy seasons justice.
Portia disguised as young lawyer, Balthazar.
The Merchant of Venice Act IV Sc1
THE EGOS OF THE ‘MUNTIE – TRIO’ were blown last week, Wednesday, when they were sentenced to four months in jail, and whisked away to Nsawam Prison. Salifu Maase, also known as ‘Mugabe’, host of Pampaso, a political programme on Muntie FM, could not say: ‘Bue Gya’ (Open Fire) to panelist Godwin Ako Gunn and Alistair Tairo Nelson who had defiantly threatened mayhem on the Justices of the Supreme Court in case of war for daring to interfere with the work of the Electoral Commission. They knew the houses of the individual justices; they would arrange for someone to marry (rape) the Chief Justice; they would be treated the same way the murdered judges were treated over 34 years ago. It was the eve of the Martyrs’ Day Memorial Service, held annually by the Ghana Bar Association. Salifu Maase, on being invited by the court had wondered why. He was ‘only’ a host, arguing that other hosts had not been invited in previous cases. The justices were inviting him because he was a northerner! Ei!
To the Montie panelists the justices were in cahoots with a particular political party. Maase had left his wife and children in Europe to come home and work hard to get President Mahama re – elected. Besides the incarceration, they were to pay a fine of GH¢10,000 each. The directors and shareholders, Kweku Kyei Atuah and Edward Addo as well as Kweku Bram Larbi, secretary to the board of directors and Harry Zakour, a vice chairperson of the NDC and Zeze, media owners of the frequency GH¢ 30,000. Network Broadcasting Limited, parent company of Montie FM and Radio Gold was also fined GH¢ 30,000, all totaling GH 90,000.
Since then, the NDC have opened a book through Kwakye Ofosu’s Research and Advocacy Platform, to be signed by sympathisers urging the President to invoke the Prerogative of Mercy as enshrined in Article 72 of the Constitution of the Republic of Ghana, 1992. The said article states: (1) The President may, acting in consultation with the Council of State – (a) grant to a person convicted of an offence a pardon… (b) Grant to a person respite… from the execution of the punishment (c) substitute a less severe form of punishment ….(d) remit the whole or part of a punishment ….
Nana Oye Lithur whose husband, Tony Lithur, has advised the President to restrain himself from bowing to the pressure to interfere with the judgment by the Supreme Court, is the Gender Minister; she has gone to sign the book petitioning the President; so has Naana Jane Opoku Agyemang, Minister of Education and Former Vice Chancellor of the University of Cape Coast. Others include Valery Sackey, Deputy Chief of Staff; Okudzeto Ablakwa, Deputy Minister of Education; Nyaho – Nyaho Tamakloe, an NPP founding member. Such acts could be soothing and therapeutic to the contemnors.
All of a sudden, the justices of the Supreme Court have become demons; they are insensitive, callous, inconsiderate, cold – hearted, merciless, phlegmatic, unsympathetic, obtuse, inhuman– the same court that did self-deprecating acts against their own over the conscienceless Anas’s spurious investigation! Contempt of court generally has two ramifications ‘in facie curia’ (in the face of the court) and ‘ex facie curia’ (out of the face of the court). Anything done or undone which has the tendency to lower the image of the court is said to be contemptuous of the court. The judge has discretion over what constitutes contempt and he / she can impose a sentence, including a warning, a fine, and imprisonment. The Supreme Court being the highest court of the land needs to be protected and insulated – to ensure that democracy works. Remember what Nana Akufo Addo said with respect to the 4- minute judgment of the Supreme Court in connection with the 2012 Presidential Election Petition; he was ready to accept the verdict, even though he was not satisfied with it.
In contempt proceedings, “The main interest at stake is the dignity of the courts and the integrity of the administration of justice”. (See In re: Effiduase Stool Affairs – SCGLR, 2000). That is the spirit in which the Supreme Court contempt ruling against the ‘Montie – Trio’ should have been accepted. But who are we to criticise NDC functionaries, NDC Ministers and NDC foot soldiers who have decided to petition the President? It is left for the President to decide whether to pander to the whims of the petitioners or to demonstrate that he is President for the whole of Ghana – for all Ghanaians– and not for NDC members and sympathisers only.
A number of Ghanaians demonstrated their anger over the sentencing of Kweku Baako and Haruna Atta on charges of contempt in 1998. Ken Kuranchie and Atubiga were equally sentenced to serve days in prison on contempt charges, even though Atubiga openly declared he was “the most stupid person” for what he had said. Kwadwo Owusu Afriyie, (Sir John) and Awuku saw their ‘smoothness level’ before the Supreme Court. Mensa Bonsu believed ‘truth’ could exonerate him from the hangman’s noose of contempt: it could not, and he suffered a prison sentence in 1995.
Article 12(2) of the 1992 constitution provides that “Every person in Ghana … shall be entitled to the fundamental human rights and freedoms …but subject to respect for the rights and freedoms of others and for the public interest”. The same Constitution provides in Article 126(2): “The Superior Courts shall… have the power to commit for contempt to themselves….”
Cameron Duodu says: “… if you are not satisfied (with law), campaign… until the law is changed… to ask the President to grant a pardon to people who deliberately break the law… is as ignorant as it is dangerous”. Need anyone say anything more?
In Ama Ataa Aidoo’s ‘Dilemma of a Ghost’, the ghost is unsure where to go. In ‘King Henry’ by William Shakespeare, King Henry soliloquises; “Canst thou O partial sleep, give thy repose to the wet sea – boy,… Deny it to a king? … Uneasy lies the head that wears a crown”. King Henry’s fate appears to befall our President. He lies between Scylla and Charybdis. To be between Scylla and Charybdis is to take a narrow path between two bad choices on either side. The phrase originates from Greek mythology, and as noted by Homer, Odysseus had to decide which monster (either Scylla or Charybdis) to confront while passing through the Strait of Messina between Italy and Sicily. The proverbial Latin phrase “incidit in scyllam cupiens vitare charybdim” (he runs on Scylla, wishing to avoid Charybdis) is near to “jumping from the frying pan into the fire”. It is close to the phrase “between the devil and the deep blue sea”. A poisoned chalice for the President.
Africanus Owusu-Ansah
africanusoa@gmail.com