So, the NPP sued President Mahama only as a PROCEDURE? (Part II)

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Monday, December 31, 2012

It is clear that the more we look deeply into the NPP’s rejection of the outcome of the Presidential elections, the more we see hidden truths about why the party’s leaders and supporters are the way they are today, and where they have dragged matters to.

It is their constitutional right to use the judiciary to seek redress in this case; and it is our constitutional right too to interrogate the implications of what they have set out to do and how they do it. As citizens, we expect that our country will be ruled by those who deserve the people’s mandate. That is why what the NPP has begun doing since it became clear that its Akufo-Addo couldn’t set foot on Canaan must not be lost on us.

Indeed, he was in Jerusalem before the elections but the Walls of Jericho didn’t fall for him to enter the Promised Land when the bugles were blown at the polls. The lawsuit at the Supreme Court seeks to unravel why. An obviously intriguing pursuit in the labyrinth of the law, isn’t it? Continue reading

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So, the NPP sued President Mahama only as a PROCEDURE? (Part I)

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Monday, December 31, 2012

Life will not grind to a halt in the country just because the NPP has rejected the outcome of the Presidential elections and is uncompromising in national affairs. As I sought to imply in my earlier opinion piece (“The NPP shackles itself by suing President Mahama”), there are many contradictions, inconsistencies, and legal technicalities in its lawsuit at the Supreme Court that should make those NPP supporters and apologists nursing bloated optimism hasten slowly in thumping their chests.

In responding to that opinion piece, varying viewpoints came from NPP supporters and apologists to give me the impression that they have already satisfied themselves of pursuing a winnable case and won’t listen to any other viewpoint. Already steeped in this optimism, they are behaving as they did before the elections only to be stunned stiff by reality when the dust settles. Continue reading

NPP shackles itself by suing President Mahama

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Saturday, December 29, 2012

Now that the NPP leaders have submitted their petition to the Supreme Court to demand the declaration of their defeated flagbearer, Akufo-Addo, as winner of Election 2012, they seem to have made good their threat to pursue their claims of electoral malpractices to the full. They can now congratulate themselves as successful lawyers and politicians who know how to follow the due process to achieve “victory”.

By that action, they have jumped a major hurdle on their way toward reassuring their followers that they are good warriors who know how to fight their cause. They know how to buy time. Continue reading

Our MPs are part of our national crisis…

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Friday, December 28, 2012

Who would have thought that MPs vested with the power to make laws will not know that there is a Constitution whose provisions must not conflict with the laws that they pass?

Jones Kugblenu, the Public Affairs Director of Parliament, has revealed that there is a “legal discrepancy” which has created a conflict between the Transition Act and the 1992 Constitution concerning the inauguration of the new Legislature.

The result? Unless that conflict is resolved to bring that “legal discrepancy” in the new Transition Act in line with the Constitutional provision, the new Parliament cannot be inaugurated. In short, the provision in the new Transition Act has to be amended to resolve that conflict.

And it is now that the conflict has been detected and brought to the attention of the Attorney General for a remedy to be fashioned out before January 3. Continue reading

As the NPP knocks on the doors of the Supreme Court…

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Thursday, December 27, 2012

The NPP says it is set to meet the constitutional deadline of 21 days to file its case against the Electoral Commission in connection with the 2012 Presidential elections. We hear the suit will be jointly and severally filed tomorrow (Friday, December 28) in the names of Jake Obetsebi-Lamptey (National Chairman of the party), Akufo-Addo (defeated Presidential candidate), and Mahamudu Bawumia (Akufo-Addo’s running mate).

The respondents, we hear, are Dr. Kwadwo Afari Gyan (the Electoral Commissioner), President John Dramani Mahama (incumbent President of Ghana), and the Electoral Commission (as a corporate body responsible for conducting the elections).

Interesting case afoot, right? We are so much invested in it as to wish the NPP Godspeed to the chambers of the Supreme Court to test the legal waters against its fate.

If the matter goes to court, it will become “subjudice,” and we can’t comment on it anymore without committing contempt of court and be held liable for any comment regarded as prejudicial to it. Thus, while we have the chance to comment on it before it enters the judicial labyrinth, we will do so. Continue reading

Inauguration of President Mahama: Will Kufuor attend?

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Wednesday, December 26, 2012

Even though the NPP is yet to file its case at the Supreme Court to fight the EC (the NDC and the media too) over the outcome of the Presidential elections, I am quite certain that the matter will not be determined before January 7, 2013, when President Mahama will be inaugurated into office.

Time and tide seem to confirm that the proceedings will even not begin by then. Thus, we expect the normal course of action to be taken by the state to pave the way for President Mahama’s instatement into office.

The very Chief Justice who is to empanel the Supreme Court to hear that case is the legitimate authority to swear the President into office; and she can’t shirk her constitutional obligation just because the NPP is up in arms against the Electoral Commission’s certification of President Mahama as the winner of the Presidential elections, meaning that she will participate in the ceremony. Continue reading

Armageddon beckons the NPP as its chickens come home to roost

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Monday, December 24, 2012

After basking in the accolade given him by his followers as a “legal luminary,” the day is gradually dawning for Akufo-Addo to prove that mettle. Will he go to the Supreme Court and stop this trial in the mass media or not?

Here is a pointed observation by a friend: Since 2009, he has embarked on a “Thank You” tour, “Listening” tour, “Hope Restoration” tour, “Free SHS” campaign tour, “Demonstration” tour and is currently going on a “Going to Court Announcement” tour. My friend concludes that “I hope from the Supreme Court, he will summons the NDC to Antoa Nyama.” Interesting times ahead.

The 21-day window of opportunity for the NPP is narrowing and utterances from the party’s inner circles are still not clear on what the defeated Akufo-Addo and his gang are up to. Some have been quick to describe the intended court action as a ploy or a “419” scam.  I won’t call it so because the party’s leaders/followers (just like every Ghanaian) have every right to go to court to seek redress. Continue reading