Mr Tsatsu Tsikata, lead counsel for the National Democratic Congress in
the election petition decided last Thursday, has challenged former
President J.A. Kufuor to assess and comment on what he said have been
the ‘vilest insults’ and ‘the most demeaning language’ used against
President John Mahama since December 2012.
In that way, the former president would be applying objectivity and truth to his concern for threats against national stability.
In that way, the former president would be applying objectivity and truth to his concern for threats against national stability.
According to Tsatsu Tsikata, he was surprised by persons condemning
him, including former President Kufuor, for criticising a member of the
panel of judges who adjudicated the election petition, Justice Anin
Yeboah, for lacking judicial balance.
“When President Kufuor says that I’m a threat to stability, it’s a
wonder to me – has he assessed the way in which President Mahama has
received the vilest insults, the most demeaning language; being a thief
and so on - since December 2012? Has he assessed that as a threat to the
stability of the country and has he commented on it? When I make a
comment which is in no way similar to those kinds of ridiculous and vile
attacks – I make a comment about judicial balance and its importance
and I say that a particular judge has lacked that in my observation…”,
Tsatsu explained on Radio Gold Tuesday morning.
Explaining the context under which he criticised the Supreme Court
judge, Tsatsu said he had been asked on a live television programme
whether he was surprised that some of the judges on the case wrote
dissenting views, to which he had said he was not surprised and
proceeded to explain why.
Tsatsu said judges need to reflect themselves regarding some of the
positions that they take and whether those are positions that are
objectively reasonable, saying the reason why judicial balance is
absolutely essential is because “we all tend to hold on to our political
convictions and so on, but if these political convictions so cloud our
judgement, especially when we are in a position to adjudicate an
important case like the election petition, they cloud our judgement and
prevent us from doing what is the legally appropriate and constitutional
right kind of decision-making. I think that’s a danger to our country,
that’s a danger to our stability, and I believe that judges in
particular do require reflection.”
He maintained that the issue is about truth and objectivity, and if
some people found what he said uncomfortable, he could only leave them
with Jesus Christ’ words at Luke 12 “that there is nothing concealed
that will not be disclosed or hidden that will not be made known. What
you have said in the dark will be heard in the day light, and what you
have whispered in the inner rooms will be proclaimed from the roof.”
He said the issue of people tending to be carried away just by their
political perspective should be confronted and not swept under the
carpet, it should be confronted even if the truth is uncomfortable, to
determine steps to be taken to create the sort of balance required on
the bench.
He also found it interesting that comments attacking what he said did
not look at whether what he said was the truth or objective, rejecting
also claims that he used invectives in his criticism of Justice Anin
Yeboah.
Tsatsu Tsikata said since the judgment of the court, he has been trying
to get a copy to know exactly what was said or written, but had not
been successful.
“And what we have been told is that Justice Anin Yeboah’s judgement was
not available in electronic form, it was in hard copy and they are now
trying to get it in electronic form, meanwhile, as you and I know
surely, extracts from his judgement are being put online and only his
judgement is being put online by people who evidently are able to secure
a copy even though we as counsel for the various parties have sought to
get a copy without success.”
Source: Dailygraphic
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