Mercy meets Justice
William Shakespeare reminds us all by saying “Mend your speech a little, lest you mar your fortunes”. Similarly Mother Teresa maintains that often for one misguided word, we hurt the spirit even of those we profess to love.
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And so it came to pass that the General Secretary of the New Patriotic Party, Mr Kwadwo Owusu Afriyie, alias Sir John, appeared before the Supreme Court and admitted that he was humbled by the tempering of justice with mercy.
That act of the Supreme Court, to convict Sir John to a fine rather than custodial sentence, turned the tables in favour of the court, and everywhere, whether out of genuine commitment or cynicism, well-meaning Ghanaians commended the magnanimity of the Supreme Court, even if many were exercised about the mien of Mr Justice William Atuguba, the pitch level and rapidity of his presentation of the verdict of the court as he read it out.
Contrast that to when Kenneth Kuranchie and Atubiga appeared before the same court and were sentenced to 10 and three days in custody respectively. Those, in real terms, were far less than the corresponding or alternative six and three months that Sir John and Hopeson Adorye would have served in prison if they were unable to raise the fines of GH¢5,000 and GH¢2,000 respectively. The difference in reaction is clear.
That immediately confirms my earlier position on the matter of contempt of court when I submitted that whereas the average Ghanaian detested any attempt to undermine or denigrate the judicial process, they frowned upon custodial sentences for those convicted of contempt of court or any means of exercising their fundamental freedom of speech.
As Sir John and Hopeson were made to stand in the dock, even as the court went on recess, my mind went back to history when Otumfuo Opoku Ware II died and the Ghana Journalists Association had to send a delegation to the Manhyia Palace to plead for journalists.
At the meeting with the Asanteman Council, we were made to stand. Indeed, it was after about an hour that they provided a chair for the President, Mrs Gifty Affenyi Dadzie, the rest of us, including Bright Blewu, had to stand throughout proceedings.
It was only when we moved to the Regional House of Chiefs that we had the privilege to sit. I thus felt for Sir John and Hopeson, because in my case in the end, I had great pains in my legs. I equally, in later discussions with some of the paramount chiefs, told them that what they did was humiliating.
But returning to the contempt and the proceedings, the tenor of Justice Atuguba, is one of the reasons why some of us argue against the crime of contempt of court, in the sense that the justices were judges in their own cause.
Some Ghanaians who have applauded the humour and conviviality with which Mr Justice Atuguba has steered proceedings in the presidential election petition felt a little exercised when he proceeded to read the judgement against Sir John and Hopeson, and felt, a view that I share, that since the thrust of Sir John’s vituperations seemed to attack the personality of the Presiding Judge, another justice could have been elected to read the judgement.
The tone of Mr Justice Atuguba was such that, until he reached the point where he said the court was constrained from imposing custodial sentence, many felt Sir John and Hopeson were going to jail.
We must all be thankful to God that the justices took judicious notice of the attempts to build peace and accordingly imposed fines, because with the prayer vigil and other vigilante activities, there could have been minor disruptions in the national psyche if the two had been jailed.
Whatever informed the justices to come to the verdict they declared was well-informed, because unlike in the case of Kenneth Kuranchie, who became an instant hero, and who caused panic among state authorities as he was hopped from one prison facility to another, turning such facilities into pilgrimage outlets, Sir John became a villain, not a hero, as some of his own party members joined hands with National Democratic Congress members and non-partisan committed Ghanaians to condemn him, whereas Kenneth Kuranchie was hailed and never openly denounced even by NDC members and had to be suspiciously discharged when he served his term.
Now all of us know and admit that there is a law of contempt of court which must be supported to work. And it is also true that Ghanaians will be more supportive and appreciative of the law if suspects are convicted to fines, rather than jail terms.
As we prepare and wait patiently for the verdict of the court on August 29, 2013, pray with Chris Kwakpovure for Ghana that “in the midst of life’s journey and wicked enemies planning to waste you, rest on God, your defender, put your trust in Him and hold on until your change comes”. Ghanaians must all be happy that mercy and justice have met.
By Yaw Boadu Ayeboafoh/Daily Graphic/Ghana
