Law cannot control society if it does not satisfy fundamental social needs for both stability and change (Roscoe Pound).
The law had no existence apart from the decisions of courts. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law. The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices which judges share with their fellow-men, have had a good deal more to do than the syllogism in determining the rules by which men should be governed (Oliver Wendell Homes).
There is one interesting thing in this country, many of us do not read or even have copies of the 1992 4th Republican Constitution, but as soon as a political issue takes control of our mere existence, all of us become constitutional experts. We open particular pages of the constitution and articles and use them to argue our cases.
Before I move down to the issues on the table, let me share with you an interesting debate that went on during last Saturday’s second half discussions on Newsfile on Joy T.V. The discussions among Nana Ato Dadzie, Egbert Fabille, Kweku Baako and Madam Clara were interesting for one thing. Kweku Baako engaged in his usual historical accounts of the use of contempt cases against journalists and other citizens of this country, and particularly under the PNDC/NDC regimes both of which Nana Ato Dadzie had played very key roles. He pointed out the support that very powerful people in those regimes including Nana Ato Dadzie himself had given to the imposition of custodial sentences on contemnors in those days.
The response of Nana Ato Dadzie, who in my view can be a very good Pastor perhaps than a lawyer, was his sharp reference to Saul who became a Paul in biblical times. He posited that he is a ‘born-again’ person in as far as the issues of contempt of court are concerned. Very interesting. ‘Saul’ Nana Ato Dadzie only became a Paul when custodial sentences were inflicted on his party members. This is what saddens me because he is a person whose experiences in public life and as a lawyer cannot be questioned by anybody. It is however strange that in all his long legal practice and public life, he only appreciate the ‘wrongness’ of contempt charges and consequent custodial convictions when it applies to known and active members of the NDC.
His vast experience in politics and law and if I may add, his age, should rather make him a moderating factor in the growing tension between the two major political parties in Ghana and politics generally. Paul Nana Ato Dadzie does not need the NDC government or the party to be in power for him to enjoy a modest life in Ghana of today no matter the challenges confronting this nation. His conversion from ‘Saul’ to Paul, must be seen to permeate the broader social and political lives of this country because of his vast experience and the general respect  he commands among right thinking persons in this country, must make him less partisan.
While his new position on contempt is a welcomed one, the laws and practices must remain as they are until amendments to the existing laws and practices are undertaken. The laws must not be thrown to the dogs just because it has affected NDC people. This country is for every single Ghanaian residing in and out of the four corners of the land. It is normal for lawyers to rush, using the law, to file for stay of execution of a court judgement. It is however outrageous, in my view, for any group of people including lawyers, to make a plea to the Head of State to grant pardon to convicted persons less than 24 hours after their conviction.
The NDC members and even Ministers of State are signing a petition to the President to pardon these three young men who were convicted just over a week ago basing their reasoning on article 72 of the Constitution. No one begrudges the President the powers of the exercise of mercy and clemency. However, any such action must also take into account, the provisions of Article 17 (1-3) of the same constitution.
Clause (1) of article 17 of the 1992 Constitution states: All persons shall be equal before the law. Clause (2) states: A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status. Clause (3) of article 17 states : For the purpose of this article, ‘discrimination’ means to give treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject to or are granted privileges or advantages which are not granted to persons of another description.
My lay understanding of Article 17 above, vis-a-vis article 72 is that in the exercise of the powers of the President, no preferential treatments should be given on any of the grounds stated above. Can we in all honesty say that should the President accede to the call of the petitioners who are all NDC people and members of his government, would that not amount to a breach of Article 17 of the constitution? The President has exercised some clemency since he became the President of this country, has any of such decisions attracted such wide division of opinions among the generality of the populace?
In any case, those convicts the President or any President has had the occasion of offering Presidential pardon and clemency, were they done less than 24 hours after their conviction? Why does the NDC think that being a member of that party makes one more important than the other? Apart from the gruesome abduction and murder of the three High Court Judges and the retired Major by the grandfathers of modern day NDC, the judiciary has not known peace ever since 2009.
The former National Chairman of the NDC, Dr. Kwabena Adjei threw first salvo to the judges when he threatened his infamous ‘so many ways of killing a cat’ threat in a case that did not go down well with the NDC Government. This was followed by another bunch of ill-trained NDC activists attempting to gain the attention of the Presidency for appointments or other forms of reward who trooped to the Supreme Court premises to present a petition to Her Ladyship the Chief Justice. Even though the Judicial Secretary met them to receive their petition, these rascals issued a threat to the Chief Justice that ‘today we have come through the normal channel, next time we will come through the backdoor’. We know what those who use the back doors do.
For the information of the public, as a result of the incessant insults and lies the undomesticated Montie trio heap on Nana Akufo Addo and other personalities of the NPP, the party made a formal complaint to the National Media Commission (NMC). Those who made the formal complaint were Madam Oboshie Sai, Nana Akomea and Perry Okudzeto. The NMC communicated same to the Montie management but they did not show up on the scheduled day and time. They instead asked for another date and time.
The three distinguished personalities agreed and left for the re-scheduled date and time. That day came, and the Montie people wrote to inform the NMC the very morning when the meeting was scheduled, to inform it that their lawyer was out of the jurisdiction so another day should be offered. It is obvious that this bunch of vulgar, indecorous evil spirited trio and their faceless paymasters of dubious integrity were not in a mood to play the games by the rules. This reminds me of Osei Kofi’s (not the footballer) song ‘En3 de3 wo ehyia aboa, okyena wo be hyia onipa’.  Hope they come out better trained than their parents did.
Daavi, three tots please.