National Democratic Congress sends strong message to Chief Justice

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The main opposition political party, the National Democratic Congress (NDC) has asked the Chief Justice to withdraw his disciplinary complaint against Dr Dominic Ayine.

The Chief Justice, Justice Kwasi Anin-Yeboah has reported lawyer Dr. Dominic Ayine to the Disciplinary Committee of the General Legal Council (GLC) for statements he allegedly made during a panel discussion on Presidential Election Petitions and their impact on Africa’s Democracy.

A copy of the petition, signed by the Judicial Secretary Justice Cynthia Pamela Addo, accuses Dr. Ayine of questioning the independence of the Judiciary due to the manner the Supreme Court adjudicated the 2020 presidential election petition.

The petition says Dr. Ayine’s basis for his assertion during the discussion is the Supreme Court’s failure to apply the rules of procedure as well as the consistent and continuous dismissal of the petitioner’s applications or reliefs.

“These comments are made against the backdrop of the Supreme Court discharging Dr. Ayine on a charge of contempt for similar comments made against members of the Supreme Court during the Election Petition hearing. Dr. Ayine apologized profusely when he appeared before the Court on the Contempt charge and admitted to having made comments which were unbecoming of a Lawyer of his standing and a former Deputy Attorney-General.”

“His Lordship the Chief Justice therefore finds his alleged disparaging comments totally unacceptable and would like you to investigate this matter further,” the petition said.

NDC reaction

Addressing a press conference in Accra Monday morning (June 21, 2021), the General Secretary of the NDC, Mr John Asiedu Nketiah said the complaint by the Chief Justice to the General Legal Council was an intimidation tactic.

“According to my common sense, it doesn’t make sense to invite Dr Ayine to the Disciplinary Committee,” Mr Asiedu Nketiah said.

He said the action against Dr Ayine was “unjustified, it is but a symptom of a larger problem.”

“It is no coincidence that virtually all the lawyers who have reported to the Disciplinary Committee of the General Legal Council by the Chief Justice, Justice Kwasi Anin Yeboah in recent times are aligned to the NDC. What is the Chief Justice’s personal interest in the punishment of NDC affiliated lawyers…, that he initiate unwarranted against them.”

“We dare say that such treatment will not be meted out to lawyers who are aligned to the NPP [New Patriotic Party] for reasons best known to the Chief Justice himself.”

Mr Asiedu Nketia said after the 2013 presidential election petition verdict was delivered by the Supreme Court, “Lawyer Sam Okudzeto at a symposium organised by the Dankwa Institute, took some of the Justices of the Supreme Court to the cleaners, and gave his own interpretation of the judgement contrary to what the court had determined.

Also recently when the High Court, Human Rights Division presided over by Justice Gifty Agyei Addo ruled against the General Legal Council in an application brought by lawyer Francis xavier Sosu, “lawyer Okudzeto once again went to town attacking and questioning the capacity of the judge who quashed the decisions of the Disciplinary Committee of the General Legal Council,” Mr Nketia alleged.

“Lawyer Sam Okudzeto is also a leading member of the New Patriotic Party, and the Council of State. Why was he not referred to the General Legal Council for disciplinary action by the current Chief Justice, Justice Kwasi Anin Yeboah. What about the several NPP affiliated lawyers including a lawyer on record who made many prejudicial comments and sought to seduce the Supreme Court during the hearing of the 2020 election petition,” he questioned.

“The respect accorded the Judiciary is one that ought to be envied due to the ability of members of that important arm of government to show equality, balance and fairness to all manner of persons irrespective of their political or ethnic coloration. That respect cannot be run down by anyone, through acts of suppression and brazen acts of intimidation. The notion that the Judicial arm of government is beyond reproach is but a fantasy which cannot be sustained,” he added.

He said the same is utterly inimical to democratic practice and must not be countenanced. “If these actions by the Chief Justice are intended to … the NDC and its members and prevent us from stating our views on the performance of the judiciary, we hereby state categorically that we will not be intimidated. We as a party will continue to defend freedom and rights of this country.

“We will never be intimidated by partisan occupants of state institutions…,” Mr Asiedu Nketiah added.

Justification

Justifying his ability and locus to assess Dr Ayine’s statement and rule it as something that does not need to go to the GLC, Mr Asiedu Nketiah said: “the General Secretary is not my only locus. My first locus is a Ghanaian citizen called Asiedu Nketiah from Seikwa. And my second locus in determining whether the invitation is right or not is my common sense. So everybody has a way of interpreting whatever they are faced with. According to my common sense, it doesn’t make sense to invite Dr Ayine.”