Lawyer and legal academic, Dr. Kwaku Agyeman-Budu has advised Ghanaians against casting aspersions at the Supreme Court regarding the outcome of the election petition hearing.
According to him, the highest court of the land is subject to criticism just like any other public institution in the country but, this must be grounded in law and not hear says and unfounded assertions.
Addressing the increasing concerns of Ghanaians over comments made in the media by Communication Team Members of some parties, accusing Supreme Court Judges of having a prejudiced stance on the case, he said,
“Sometimes people cause problems by simply casting aspersions at Judges when they have not read the judgement of the case.
Let’s criticise the decision made by the court based on the law and not on who appointed who”.
He noted that a President or government appointing a Judge does not mean that Judge is in their pocket. With Judges swearing an oath to try cases without fear and favour, he described allegations levelled against the Judges as unfounded.
“The President or gov’t appointing a Judge does not mean the Judge will lean towards to the gov’t”, he stated.
THE JUDICIAL OATH
I,……………… been appointed (Chief Justice/a Justice of the Supreme Court/a Justice of the Court of Appeal/a Justice of the High Court of Justice, etc.) do (in the name of the Almighty God swear) (solemnly affirm) that I will bear true faith-and allegiance to the Republic of Ghana as by law established; that I will uphold the sovereignty and integrity of the Republic of Ghana; and that I will truly and faithfully perform the functions of my office without fear or favour, affection or ill-will; and that I will at all times uphold, preserve, protect and defend the Constitution and laws of the Republic of Ghana. (So help me God.)
Dr. Kwaku Agyeman-Budu made this known in an interview with Samuel Eshun on the Happy Morning Show aired on e.TV Ghana and Happy FM.
On his authority, if Judges appointed by a President or government influenced decisions of the Supreme Court, then President Akufo-Addo should have won the 2012 election petition.
“The Judges who sat for the 2012 election petition were appointed by former President John Agyekum Kuffour and if these allegations are true, then the NPP should’ve won the petition. But that didn’t happen because the judges were fair and objective”, he stated.
The National Democratic Congress (NDC) challenged the results of the 2020 Presidential election describing it as ‘fraudulent’.
The petition which was brought by the NDC’s flagbearer, ex-President John Mahama hoping the legal action will trigger a re-run of the elections has however been thrown out by the Supreme Court.
According to the seven-member panel of the Supreme Court who arrived at this unanimous decision, the suit is “without merit”.
By: Joel Sanco