A group of legal practitioners known as Lawyers In Search Of Democracy (LINSOD) have expressed concerns about the recent change of the original panel in Opuni’s case.

In a press release dated 14th May, 2024 and shared to Spear FM 91.9MHz, LINSOD accused the Attorney General of the republic of Ghana for unreasonably changing the panel in the Opuni’s case to suit the interest of government, and that it is not in the best interest of justice.

Read the full release below…

May 14th, 2024

FOR IMMEDIATE RELEASE

LINSOD IS CONCERNED ABOUT THE SUPREME COURT’S CHANGE OF THE ORIGINAL PANEL IN OPUNI’S CASE: IT IS NOT IN THE INTEREST OF FAIR TRIAL AND ADMINISTRATION OF JUSTICE

1. We learned yesterday about the sudden alteration, by the Chief Justice, of the original panel of Supreme Court Justices, which was constituted to hear the appeal brought by Dr. Stephen Opuni in his criminal trial currently at the High Court. We were not surprised by the public outrage that greeted the sudden change of the panel; however, our attention was drawn later today to a public statement by the Attorney General and Minister of Justice seeking to defend the change of the original panel by the Chief Justice of the Republic, and we, as lawyers, seeking to promote the rule of law, democracy, and good governance in Ghana, feel compelled to add our voices to, and raise a germane concern about the sudden change in the composition of the panel, which we think is unreasonable, and not in the best interest of justice.

2. We hope that our concern shall be considered by the leadership of the judiciary as an important feedback, which shall be helpful for the judiciary in charting a course that shall ensure greater justice for all Ghanaians irrespective of their ethnic or political affiliation. A good-faith attention to our concerns shall also demonstrate responsiveness of the judiciary to the cries of the general public, and shall instill, not only decency, but greater confidence in our justice system, and boost the democratic credentials for our nation as a whole.

Our recall of the events and circumstances of this matter are as follows:

i. The appeal before the Supreme Court resulted from the decision by the Court of Appeal to overturn a new trial judge’s decision to hear the case de novo (to start anew or afresh ) in line with the common practice in our jurisprudence and all over the world in criminal trials after the new judge had taken over the case from the retired Supreme Court Justice Clemence Honyenuga.

It is noteworthy that this case, at trial with the original trial judge, was very controversial, and characterized by numerous interlocutory appeals, and sometimes with very strange decisions.

ii. In these circumstances, any new judge, and all such legal experts, who are mindful of administering fair justice shall welcome a trial de novo, which the new trial judge, Justice Kwasi Anokye Gyimah had rightly decided to conduct in April 2023.

Unfortunately, however, the decision of the trial judge did not sit well with the Attorney General, so he appealed the decision to the Court of Appeal, and he surprisingly secured a favourable decision within a few months on July 3rd, 2023.

iii. Following the decision of the Court of Appeal, the lawyers for Dr. Opuni filed an interlocutory appeal (for interim decision on that issue alone) to the Supreme Court on July 7th, 2023, and while the case continued in accordance with the decision of the Court of Appeals for months, the Supreme Court only allowed the first hearing of the appeal on January 17th, 2024.

In that hearing, the five-member panel of the Supreme Court Justices was led by Justice Mariama Owusu, and included Justices Yaw Darko Asare, Emmanuel Yonny Kulendi, George Kingsley Koomson, and Henry Kwofie.

This was the panel everyone knew to be responsible for the appeal, and reasonably expected to hear the entire appeal to the end and deliver judgment of it.

iv. Amazingly, after the known panel had taken the parties through what lawyers term as “case management,” and ordered the parties to file their final submissions and report in court for a date for judgment, the parties went to the Court yesterday, May 13th, 2023 only to find a new panel of Justices presided over by the Chief Justice, and comprising of only two members of the original panel, and without any explanation of why the dramatic change was necessary in such a crucial and controversial case being prosecuted by the regime.

3. We have noticed the change of the panel with grave concern. We have also noticed the public outrage to the change of the panel, which was reasonably and lawfully expected to continue with the hearing of the appeal, and deliver its judgment of same. We have listened attentively to the legal arguments made by Counsel for the appellant in reaction to the change, and we have carefully examined our practice procedures and the relevant constitutional provisions, particularly, article 157(3) which provides that: Without prejudice to clause (2) of this article, no person sitting in a Superior Court for the determination of any cause or matter shall, having heard the arguments of the parties to that cause or matter and before judgment is delivered, withdraw as a member of the court or tribunal, or as a member of panel determining that cause or matter, nor shall that person become functus officio in respect of that cause or matter, until judgment is delivered.

4. By this constitutional provision, even if anyone would want to disingenuously venture a suggestion as done by the Attorney General, Mr. Godfred Dame that the arguments in the appeal in question had not yet been heard by the original panel, it is nevertheless unreasonable at this stage, and it provides a firm basis for suspicion of bias by the Court against the appellant to alter the panel that managed the case thus far, and without any plausible explanation.

5. It really does not make much sense, legal, or otherwise, for the Court to change, at this very last stage, the panel that had shepherded the appeal, and was more familiar with all the processes than all the other Justices of the Court. This confusing attitude of the Court may be seen as amounting to nothing less than an obvious interference in the administration of justice and a lack of fair trial of the appellant in its true sense.

6. We have carefully studied the statement that was issued by the Attorney General on this subject, and strikingly missing is the statement is any argument to justify the reasonableness of the decision of the Chief Justice to change the panel hearing a controversial case at the eleventh hour of the case.

The Attorney General claims to be educating the general public by referring to the Courts Act, 1993 (Act 459) to explain that no individual has the right to determine the court or a panel of court that must hear his or her matter, and it is the sole preserve of the Chief Justice to determine these matters. He also referred to article 128 (3) of the 1992 Constitution to explain that the Chief Justice is a member of all the courts in Ghana, and whenever she would sit with a panel, she shall preside.

7. All of us, lawyers, know the above, but we also know the limitations on the Chief Justice, such as in article 157(3) of the 1992 Constitution. We know also that in performing her duties, the Chief Justice is duty-bound to be reasonable and not arbitrary. The Attorney General must be mindful that what is fair, good, and right in a democracy is for those clothed with certain powers over the citizenry to exercise such powers in a fair and reasonable manner to all citizens equally. This is not what most Ghanaians are currently experiencing under the current regime, and it is of serious concern for many of us who are interested in good governance and better administration of justice and rule of law.

8. Having considered all the issues that are germane to this case, and their implication for the perception of fairness and justice in the prosecution of the case in question, it is of major concern to us that the Supreme Court would change the original panel at this eleventh hour, and open further avenues for many citizens to question the fairness of our judiciary to all Ghanaians irrespective of their ethnic or political background.

It is important to state additionally that we have also followed the history of the prosecution of the appellant, Dr. Stephen Opuni, and we find the history of the case rugged, chequered, and very eventful. It is more so, having regard to the particular fact that such a public interest matter in the appeal is before the Apex Court of the land (Supreme Court), and the Court would change the original panel hearing the matter and create uproar and further controversy surrounding the case.

10. In our jurisprudence, and from what we know all around world, it is trite that nothing is better than a trial de novo in a controversial criminal trial with several interlocutory appeals, when the judge in the center of it all is no longer at post and in the case for that matter, this was affirmed by the Supreme Court ruling in the Republic v, Adu-Boahene (1992- 93) 2GBR 452 where the court stated that a trial can only be ordered de novo if the trial is aborted or a fresh hearing is ordered. Sadly, this well-tested principle was what the Attorney General sought to overthrow, and he succeeded in so doing just in pursuit of a political opponent. The history of this case makes it the most controversial case for the regime in power, and it therefore attracts tremendous attention, with all lawyers and well-meaning Ghanaians who are mindful of true justice having their eyes on how the appeal before the Supreme Court shall be determined.

11. In light of the extreme interest of the general public in this matter, it is important for the courts to be more circumspect in order to ensure that our citizens shall trust the justice system after the end of this case.

Accordingly, the courts must not easily shake-off time tested principles, especially if doing so shall inure to the benefit of the state (government) against an innocent private citizen, who belongs to an opposition political party. We think that justice delivery should be seen to be independent of any political party in power or the position occupied by any individual, or by way of opportunity or privilege.

12.While the Court in all sincerity may not be pursuing a course in the interest of the regime in power, it is imperative to ensure that the general public does not have a different perception as a result of the conduct and decisions of the courts especially in political matters that are brought by the government against citizens of different political affiliations than the party in power. Unfortunately, it appears this is the situation presently, and our efforts through this statement and more is to turn the tides and neutralize this dangerous perception.

13.We think there is plenty of time for the Supreme Court to reconsider the decision to change the original panel in the appeal. We are aware that the Court has already given a date for judgment, but we believe that if it shall bring fairness and greater justice to all without question, the Court must nevertheless recall the case and reinstate the original panel to continue the trial to end. It is our hope that the Court shall respectfully give the due attention to our concern and act in a manner that shall encourage us to provide more feedback to it in the advancement of true rule of law and democracy in Ghana.

Long live LINSOD Long live Democracy
Long live Ghana.

Signed:
ERIC DELANYO ALIFO, ESQ.
PRESIDENT, LAWYERS IN SEARCH OF DEMOCRACY

THEOPHILUS DZIMEGA JR ESQ
SECRETARY, LAWYERS IN SEARCH OF DEMOCRACY

The Member of Parliament (MP) for the Damongo constituency who is also the Minister for Lands and Natural Resources, Hon. Lawyer Samuel Abu Jinapor has lashed out at the National Democratic Congress (NDC) in Savannah Region for their struggle for power within the NDC party in the region.

Speaking in a one-on-one interview on Spear FM 91.9mhz in Damongo, the lawmaker pointed out that some leaders of the NDC in the Savannah Region in their quest to catch the eye of former president John Dramani Mahama to get appointments in the unlikely event that the former president wins election 2024 compete among themselves to attack Abu Jinapor to get the attention of John Dramani Mahama.

His comment came on the back of the Member of Parliament (MP) for the Bole Bamboi constituency, Hon Yussif Sulemana who is heard in an audio clip saying the Vice President of the Republic of Ghana, Alhaji Dr Mahamudu Bawumia is acting fast to donate a tractor to the Overlord of the Gonja Kingdom, Yagbonwura Jewu Soale (I) after the former president John Dramani in close doors with the Yagbonwura had earlier pledged to donate same to the Overlord of Gonja.

According to the lawmaker, referring to the purported audio, the Bole Bamboi MP proclaimed himself as the only spokesperson to John Dramani Mahama in the Savannah who has full access to the former president and issues with reaboutmpaign.

However, the host, Adam Akilu Gideon who is the General Manager of Spear FM asked Hon. Abu Jinapor about his sentiment toward the former MP for the Damongo constituency, Adam Mutawakilu Garlus who lucid him as a carcass.

Lawyer Abu Jinapor in response to the question asked by the host said that Garlus is his family member and he would not make any comment about it.

He has cited situations that Hon Garlus on bigger platforms that called him all sorts of bad names but he is cool with that

He tasked the youth and the general public of the Damongo constituency to exercise patience and retain him as the MP for the Damongo constituency for the good work he has done in the constituency to continue.

He tabulated the Domongo town roads asphalt, the construction of schools, the establishment of astroturf parks, linking road construction in the Damongo township, the ongoing water project at Buroto and many others as his legacies.

(Cue Audio Hon Abu Jinapor on NDC Struggle For Power)

The opposition National Democratic Congress (NDC) in the Savannah region has in a press conference on Tuesday 14th May 2024 vowed to resist any attempt by the vice president of the Republic of Ghana H.E Dr Mahamoud Bawumia to disrespect the Gonja Kingdom as he visits the Savannah Region as part of his campaign tour.

The Savannah regional secretary for the NDC Mr Salisu Bi-Awurbe addressing the media at the party’s regional office in Damongo said plans by the NPP’s presidential candidate, Dr Bawumia to hand over what they described as a “shoddy renovation work” at the Jakpa palace is one of the gross disrespects that the NPP as a political party has exhibited to the Gonja Kingdom.

The NDC added that the Jakpa Palace is not just a single structure and that “what Dr Bawumia repainted and swept is not the Jakpa palace” but rather a structure within the Jakpa Palace that sits on 15-acre of land, comprising many buildings and structures. The Jakpa Palace was built in 1942–1943, after its relocation to Damongo, the present capital of the Gonja Kingdom from its original location in Nyange, the ancient traditional capital of Gonja, approximately 5 kilometres from Sawla in the present Sawla Tuna Kalba District of the Savannah Region along the Damongo-Sawla Highway.

“Dear Members of the Press, It’s important to note that District Assemblies of Gonjaland originally initiated the construction of the allegedly renovated structure in the year 2000, which Dr Bawumia is purportedly coming to commission and potentially unveil a plaque with an inscription reading “Renovated by H.E. Dr Mahamudu Bawumia, NPP Flagbearer, and commissioned this 15th day of May 2024 in the Presence of Yagbongwura Bikunuto Mbemah Soale Jewu (I) and that it is important to note that the only King to have occupied that building Dr Bawumia renovated was the late Jirah Yagbongwura Tuntumba Abukari Amanfo Jakpa Sulemana” the press read.

Salisu Bi-Awurbe added that the gross disrespect by the NPP is getting out of hand and that they as democrats and sons of the land will resit it this time.

“As you are all aware, just under two weeks ago, the mentor of Dr Bawumia, Nana Akuffo Addo, attended the 1st Anniversary of the King and Overlord of Gonjaland, coinciding with the Annual Gonjaland Youth Congress and Guan Conference in Damongo. Despite being late to the event, Nana Akuffo Addo approached the King, Jirah Yagbongwura Bikunuto Mbemah Soale Jewu I, who was sitting in state, and disrespectfully demanded that the King stand up and greet him. Unsurprisingly, the King declined, signalling his disdain for the disrespectful request.

Nana Addo’s response to the King’s refusal was indicative of his displeasure. In a display of habitual anger and open arrogance, the president abruptly left the event, offering a flimsy excuse about needing to catch up with his helicopter, which he purportedly brought to Damongo. This blatant disregard for protocol and decorum is utterly disrespectful” he said.

Meanwhile, the party has stated on several occasions they say Npp as the party has portrayed their disrespectful behaviour, characterized by open arrogance, towards the Gonja state and its kings, deceiving the late Yagbongwura Tuntumba Boressa Jakpa Sulemana in April 2020, promising that within eight months, piped water from the Yapei River would flow from the King’s taps in Damongo, Dr Bawumia’s turn to disrespect the Gonja state and its king. Dr Bawumia visited Yagbongwura and convened a meeting with the Savannah Region House of Chiefs after they were sworn in as members of the Regional House of Chiefs, informing them that they would commence the immediate construction of the Savannah Regional House of Chiefs Complex, promising an 18-month completion time and in less than 10 minutes after the chiefs left the site, they swiftly removed a proposed sketched drawing, mounted on plywood for the occasion, and it remained hidden until the 155 Regiment took over the site and now, Dr Bawumia is on the verge of disrespecting and dishonouring the Yagbongwura once more by falsely asserting that he renovated the Jakpa Palace, when in fact, he only supervised the painting of the 2nd Palace Structure.

Meanwhile, His Excellency John Dramani Mahama is constructing an iconic new building to house the King according to the release.

“Allow me to reiterate, ladies and gentlemen of the press, that His Excellency John Dramani Mahama has ceremoniously broken ground for the construction of a magnificent new palace, intended to serve as the residence of the Gonja King and symbolize the rich cultural heritage of the Gonja state. Sahelian architecture guides the design of this ambitious project, reflecting the Gonja people’s origins in the Mande region near Mali.

The regional secretary therefore urged Dr Bawumia to refrain from wasting the taxpayer’s money by abstaining from another instance of disrespect towards the King of Gonjaland and the Gonja state under the guise of commissioning the repainted Jakpa Palace and further implore all Gonjalanders and all conscientious Ghanaians to unite with them in condemning the NPP’s ongoing disregard and dishonour towards the esteemed chieftaincy institution in Ghana.

In a heartwarming gesture of support, Hon. Kumatey Gorden, also known as DJ Flenzy, the Assembly member for Hangaline – Ngbaripe – Alhassankura, has come to the aid of a vulnerable seamstress apprentice, Abubakari Munira, from Ngbaripe.

Munira, who is set to graduate in June this year, received a brand new sewing machine from Hon. Gorden, highlighting his commitment to youth empowerment and skills development in the electoral area.

The generous donation was brought to light when Munira’s group, comprised of young girls in Ngbaripe, appealed for assistance to empower its members.

Recognizing the importance of providing opportunities for vulnerable individuals, especially in skill-building endeavors, Hon. Gorden swiftly responded to the call for support.

Hon. Gorden’s dedication to youth empowerment has been evident since his election as the Assembly member for Hangaline. Through his various initiatives, he has consistently demonstrated a passion for uplifting young people across different sectors, with a particular emphasis on education and skill development.

The donation of the sewing machine not only provides beneficiary with the necessary tools to further her craft but also serves as a symbol of hope and encouragement for other aspiring apprentices in the electoral area.

By investing in the future of individuals, Hon. Gorden continues to make a positive impact on the lives of young people in Hangaline – Ngbaripe – Alhassankura and beyond.

As beneficiary prepares to graduate and embark on her journey as a skilled seamstress, the support she has received from Hon. Kumatey Gorden serves as a testament to the power of community and the importance of leadership in creating opportunities for growth and success.

Mr Kadiri Abdul-Rahman, Constituency Secretary, addressed the media on behalf of the party, providing updates and information on the current situation in the Damongo Constituency.

The New Patriotic Party (NPP) in the Damongo constituency has condemned the actions of former Member of Parliament, Hon. Adam Mutawakilu Garlus, for disrupting a peaceful voter registration exercise at the Canteen L/A registration centre.

According to the NPP, the exercise had been proceeding smoothly until Garlus arrived at the centre at around 13:00 hours and accused the police officers present of colluding with the NPP. He allegedly stated that he was disappointed in the security personnel and implied that they were responsible for his loss in the 2020 parliamentary election.

The NPP claims that Garlus’ inflammatory remarks sparked chaos, and he physically assaulted an applicant. The party has described his behaviour as unacceptable and undemocratic.

The NPP has also taken issue with Garlus’ verbal attack on the current MP, Lawyer Samuel Abu Jinapor, whom he referred to as a carcass who used antics to win the election. The party has demanded that Garlus apologize for his actions and behave in a more honourable and peaceful manner.

The party representative emphasized that their priority is to promote peace and development in the constituency, with a focus on improving the lives of constituents and fostering growth in the area. He expressed gratitude for the current MP, Lawyer Samuel Abu Jinapor, who he described as a forward-thinking leader committed to addressing the long-standing leadership challenges faced by the people of Damongo.

Furthermore, the NPP has accused Garlus of attempting to sack some Fulani individuals at the registration centre, which they deem an undemocratic display of arrogance. They have also criticized the NDC party for double standards, as John Dramani Mahama had promised to register the Fulbe community for the Ecowas identity card (Ghana card).

The NPP has reiterated its commitment to peace and development in the constituency and warned Garlus not to jeopardize the harmony that currently exists.

Listen to the NPP press Briefing below in Gonja and English

The African Electoral Institute, a Civil Society Organization has encouraged Ghanaians especially those who have attained 18 years and are eligible to vote to participate in the ongoing limited registration exercise by the Electoral Commission of Ghana.

The Electoral Commission (EC) has commenced its limited registration exercise to register over one million Ghanaians who have attained the eligible voting age of 18.

In a press statement, the African Electoral Institute (AEI) emphasized that registering to vote as an electorate is vital because it will allow them to determine who they want to represent as enshrined in the 1992 Constitution.

“Registering to vote as an electorate is very necessary in every electoral process for citizens to determine who they want to represent them in terms of democratic governance. It is, therefore, a civic duty as enshrined in the 1992 Constitution”.

The statement therefore entreated all first-time voters who have turned 18 years after the last voter registration exercise, to do well to register during the exercise.

The African Electoral Institute (AEI) through its press release also reminded the public that, unlike previous registrations whereby the registration is taken to polling stations, this time, the registration exercise will be carried out at the EC’s District offices across the country.

It further recommended that the Electoral Commission (EC) of Ghana make public the list of its District offices (registration centres) and their location and if practicable, add a GPS address.

About African Electoral Institute

African Electoral Institute ( AEI) is a Civil Society Organisation (CSO) founded to deliver sustainable electoral solutions to Emerging and Developed Democracies to strengthen, augment, and build electoral stakeholders’ capacity and participation on electoral issues through electoral education on voter’s rights among others.