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Piri-piri-piii: The Supreme Court versus
Kwadwo Owusu Afriyie
By Dr. Michael J.K. Bokor
Monday, July 8, 2013
Fellow country men and women, have you yet booked your front
seats at the ringside? If you haven’t, do so immediately because
a major boxing tournament will soon begin in the dark chamber of
the Supreme Court. The pugilists will be the Supreme Court and
the NPP’s General Secretary (Kwadwo Owusu Afriyie, also known as
“Sir John”). The long overdue bout—the fifth in the series
between the Supreme Court and those infringing the criminal
contempt clause—promises to be more than fascinating.
The alarm bells at the Supreme Court are already tolling loudly,
beckoning Owusu Afriyie to the dock to answer for his comments
that have nettled the 9-member panel hearing the NPP’s petition
concerning Election 2012.
The Supreme Court says it has taken “judicial notice” of “some
potentially contemptuous comments” made by him and that it
intends “advising” itself on the matter before the end of
today’s hearing.
Will he be “man” enough to dance to the tune that he has
stridently called? Or will he seek refuge in some big shots to
avoid being humbled? Will anything happen Nicodemously to put
the lid on his case?
He has begun it already: “I didn’t hear my name was mentioned in
court today. I am only hearing it from you for the first time. I
was in the court but never heard my name was mentioned over
making contemptuous comment. I heard them mentioning a certain
Sir John but I didn’t know it was me so I won’t say anything for
now,” he bellowed. (Source: Myjoyonline, Monday, July 8, 2013).
Now, is Owusu Afriyie hiding behind “technicalities” to say that
his official name is Kwadwo Owusu Afriyie and not the “Sir John”
that he is widely known to go by? Eih, these people?
When host of the show, Kwadwo Asare Baffour Acheampong (KABA)
attempted to play the voice of justice Atuguba to him, Sir John
refused, responding that “please I can’t listen to it now
because in this technological age, anyone can doctor a voice
purporting to be yours so let’s wait for me to be called first”.
(Source: Myjoyonline, Monday, July 8, 2013).
His contemptuous comments range from a direct criticism of the
Supreme Court over its handling of the criminal contempt case
involving the NPP’s Sammy Awuku; claims that the Supreme Court
judges' reaction to public comments on the proceedings in the
ongoing presidential election petition was an attempt to cow
people from expressing themselves; arousing disaffection for the
judges (the conduct of the Supreme Court Judges in the infamous
Sammy Awuku encounter is appalling and must be condemned);
criticism of the Court for glossing over similar “contemptuous
comments” attributed to President Mahama; and a veiled threat to
Justice Atuguba “to be careful with his actions”.
The Supreme Court won’t have any of that show of force and
affront to its integrity. Owusu Afriyie has stepped on a
landmine and committed criminal contempt for which the Court
will determine what to do next to rein him in.
Many factors make Owusu Afriyie’s case intriguing and
particularly poignant, if not overwhelming.
1. He is a lawyer who, presumably, knows the letter and spirit
of the law and should be the last person to confront the law.
2. He is aware of moves being made by the NPP leadership to
provide guidelines on how its functionaries (especially
political commentators) should behave following the Supreme
Court’s stern actions regarding criminal contempt. Just
yesterday, those guidelines were issued to be strictly adhered
to. Owusu Afriyie knew all along that such guidelines were being
formulated and should have restrained himself from flouting any
of them even before the entire lot was made public. But he
didn’t, which worsens his situation.
3. As a top-ranking member of the NPP, he is heavily invested in
this legal challenge by the NPP petitioners to the status of the
Electoral Commission and the Presidency of the country as far as
the performance of constitutionally mandated functions by such a
statutory body and the fount of honour and authority in Ghana
are concerned. He is the general Secretary of the NPP, a
position that makes him the wielder of enormous powers and the
bearer of a political clout that can cow dissenting voices into
submission.
He has demonstrated that power in his recent verbal
confrontations with Nana Akomea, the Communications Director,
whom he threatened to flatten if he dared challenge his
position.
All these years, Owusu Afriyie has bulldozed his way through the
political terrain, muscles heavily flexed and ready to take on
anybody whose utterances or actions run counter to his. We have
heard him make several unguarded and misguided statements that
haven’t left us in any doubt as to how big he feels in his own
shoes.
He has on numerous occasions taken on President Mahama and
tongue-lashed him just because of Election 2012. He is on record
as completely tearing Dr. Kwadwo Afari Gyan’s reputation into
tatters; and in concerted efforts with Kennedy Agyapong, he has
wished that God would kill the Electoral Commissioner for
stealing the elections for President Mahama.
Several other instances of loose talk by Owusu Afriyie can be
recalled to prove that he considers himself a potentate who can
do anything, including tempting Fate.
And his comments against the Supreme Court—as is now being
raised by the Court itself—have brought him face-to-face with
Fate. And nowhere else but the very venue where the essence of
the law is on display. As a lawyer, he will now dance to the
tune to be called for him by his fellow “Learned Friends”.
The Supreme Court says it has taken “judicial notice” of “some
potentially contemptuous comments” made by him and that it
intends “advising” itself on the matter before the end of
today’s hearing.
Here is where the Court throws a big challenge to itself. Will
it be able to deal with him as it has done to the four others
whose fate seemed to have catalyzed the comments attributed to
Owusu Afriyie and all others commenting on happenings and daring
the Supreme Court? Or will the Court be more rigorous in
tackling him (because as a lawyer, he should have known better
not to make those contemptuous comments)?
Or will the Court chicken out for fear of taking him to task and
ruffling the hornets in the NPP nest? With what implications and
consequences for the court itself, the petition before it, and
the country at large? Will the Court gloss over his contemptuous
comments because he is what he is and any drastic action taken
against him could provoke the NPP malcontents into taking the
laws into their own hands to cause mayhem?
What will deter the Court from going ahead to tackle Owusu
Afriyie? I don’t see any deterrent except the Court’s own
disposition or disinclination and unwillingness to punish him as
it has done other offenders. If it doesn’t do so, it will cast a
huge cloud of doubt on its integrity. It will raise eyebrows for
people to question what at all it is worth. Or whether it has
two different sets of provisions on criminal contempt—one for
the small fries who have already been punished in one way or the
other; and another for the big guns who can make any damning
comment at all and get away with it unscathed.
Remember that the law is an ass and favours the powerful
in society!!
Will the Court fail to deal with Owusu Afriyie in accordance
with the precedent it has already set or fail to do so and
create room for the public to accuse it of discrimination
because it is inconceivable for the Court to take swift action
against other offenders (with less contemptuous comments) and
let Owusu Afriyie off the hook? I don’t think the Court will
push itself into that quagmire.
That is why Justice Atuguba’s assessment of the situation is
important.
According to him, “more terrible things are coming out”
despite the Court’s conviction of Ken Kuranchie and Stephen
Atubiga to separate terms in prison for criminal contempt.
Hear him further: “…If we take action and others are provocative
and we don’t take similar action then it looks lopsided and we
don’t want that. Even where we are not lopsided, we accused of
being lopsided… We’ve called for the tape and we’ll advice
ourselves accordingly”.
We wait to know what that “advice” will be. We are monitoring
the situation with keen interest and will definitely be guided
by what the Court comes up with. Indeed, this petition hearing
has not only exposed instances of weaknesses in our body politic
but it has also given as insights into how our Judiciary can
help instill discipline in the people. Despite complaints of the
Court’s high-handedness and curtailing of freedom of expression
following its stern warning and subsequent action to punish
culprits, the situation hasn’t improved, which is why the
Court’s stance on Owusu Afriyie should remain at issue.
I am more than inclined to believe that once the Court has set
the precedent on punishment for criminal contempt, it must
follow it through and punish anybody who is deemed to have
fallen foul of the law. It is only then that the situation can
improve. Law enforcement must not be compromised at all.
It has already been established that the petition hearing is a
test for the Supreme Court and the 9-member panel of judges to
prove their competence and integrity. It is also a test for the
country’s democracy, whether it provides input for reforming the
electoral system or not. It is also a test of the citizens’
political maturity or otherwise.
The importance attached to this petition hearing is obviously
high, especially because the case is a novelty, being the first
in the country’s political history and because it will
definitely determine whether the defeat of the NPP at Election
2012 is truly unmistakable. It is difficult not to acknowledge
the fact that the challenge to President Mahama’s legitimacy has
created hiccups. That is why it is imperative for the Supreme
Court to stamp its authority on the hearing so that nobody can
pick on anything to cause trouble.
I am convinced that when Owusu Afriyie is taken to task, it will
open eyes of those daring the devil and prove to all that the
Supreme Court knows how to help us maintain law and order in the
country.
In a previous article, I listed instances of criminal contempt
against other leading NPP figures and will be watching closely
to see how the Supreme Court deals with them. Owusu Afriyie is
just one of them, but his cup seems to be running fast now. Is
he ready for the bout? Oh, Jonathan! How are the mighty fallen?
I shall return…
• E-mail: mjbokor@yahoo.com
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