lawyer

He has clearly explained his motivation for expatiating on the Ramadan-Nimako Decision by the Supreme Court, and so it is rather absurd for Dr. Raymond Atuguba to cavalierly presume to impugn the professional integrity of Justice Jones Dotse. More so, when the eminent jurist clearly does not appear to have violated any code of ethical conduct governing the members of the apex court (See “Justice Dotse Erred in Making Public Comment on SC Ruling – Dr. Atuguba” Kasapafmonline.com / Ghanaweb.com 5/29/16).

lawyerHe did not violate any code of professional conduct or ethics because Justice Dotse merely commented on the basic meaning of a case that had already been disposed of by the highest court of the land. It was neither a case that was pending before the court nor about to be presented to the court for deliberation, in which case he could aptly have been faulted for attempting to prejudice the court. But even more significantly, Justice Dotse has publicly and categorically stated that he has been forced out of his judicial shell because he feels disgusted by mischievous and cynical attempts by some members of the bench, in general, to play fast-and-loose with cases pertaining to this year’s watershed general election.

He did not directly reference any cases in point, but it is almost safe to say that Justice Dotse must have been alluding to the Klottey-Korle impasse, in which the eldest daughter of former President Jerry John Rawlings, Dr. Zenator Agyeman-Rawlings, has been desperately fighting off charges of using fraudulent means to both contest and win last year’s Klottey-Korle parliamentary election. In what has widely become known as the Klottey-Korle Judicial Fisticuffs or Rawlings vs. Ashitey, the Rawlingses’ daughter was found to have flagrantly violated a constitutionally stipulated election rule by an Accra High Court presided over by Justice Ackah-Boafo. Hell-bent on “scoff-lawyering” her way to parliament, the impudent defendant and her counsel caused judicial proceedings to be stayed, with an order of certiorari being issued by the Supreme Court which had comically ruled by 4-to-1 to review this clearly open-and-shut case.

In the above case, the sole dissenting judge, Anin-Yeboah, bitterly accused his other four Supreme Court associates who deliberated with him on the case, and who obviously tendentiously decided in favor of Dr. Agyeman-Rawlings, of capriciously faulting the lower court judge for illegally usurping the constitutional mandate and authority of the apex court by presuming to interpret a section of Article 94 of the country’s 1992 Republican Constitution.

So far, Dr. Raymond Atuguba has not produced a single shred of evidence to back up his very presumptuously partisan public assertion that Justice Dotse breached his professional code of ethics when he decided to grant an interview to the media, in which the widely respected jurist clarified the apex court’s ruling in the Ramadan-Nimako Decision vis-à-vis the order for the so-called independent Electoral Commission (EC) to promptly, thoroughly and summarily expunge the names of all registered voters who registered to vote by the use of ID cards provided them by administrators of the New Patriotic Party-initiated National Health Insurance Scheme (NHIS).

In their ruling in the Ramadan-Nimako Decision, Justice Dotse and his associates categorically observed the NHIS cards to be an illegitimate document for proving one’s Ghanaian citizenship. Indeed, as I hinted in a previous column on the same subject, Justice Dotse has come under heavy media strafing, almost exclusively launched by National Democratic Congress’ machine operatives like Dr. Raymond Atuguba, because Justice Dotse has dared to expose the Mahama Posse for the brazen and adamant scofflaws that they indubitably are. The swashbuckling members of the Mahama Posse know full well that this time around they will not be able to get away with a repeat of their 2012 electoral highway robbery, and so they have decided to go after the professional integrity of any high-minded Ghanaian citizen who attempts to force them to play by the rules of democratic political culture.

By Kwame Okoampa-Ahoofe, Jr., Ph.D.
Garden City, New York
May 29, 2016
E-mail: [email protected]
*Visit my blog at: kwameokoampaahoofe.wordpress.com Ghanaffairs

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