The courtroom antics and the coming verdict!

The week has been a nightmare for many across the republic: Power cuts of the very worst kind all over again, Jomo. Prolonged cuts that render industrial and commercial equipment useless and labour in energy-dependent sectors of the economy redundant all day for days on end.

The recent commissioning of one of the four power generating units at the Bui Dam was supposed to have added a modest 133 megawatts to national installed capacity. While we were warned that the fact notwithstanding, we were far from being out of the dense woods yet as far as the chronic, never-ending, ever-galloping and economically debilitating national electricity crisis is concerned, we had at least expected a modest semblance of improvement.

The generators and distributors say the power cuts will last a week. It is the same old refrain with changing lines, Jomo.
The crisis will end in less than a year, in three months, by the end of next month…See? Some smart chap in the energy sector has lost track of time. We can only hope that for the first time ever, we are being told the truth. Three days to go...!

The hearing of the 2012 presidential election dispute at the Supreme Court? Johnson Asiedu-Nketia aka General Mosquito, witness for President Mahama and the National Democratic Congress this week wound up his evidence-in-chief under cross examinational first by NDC counsel Tsatsu Tsikata and then, by petitioners’ council Philip Addison but not before he had stolen multiple news headlines while in the box .

With an astounding grasp of the country’s electoral laws and voting procedures and his now familiar sarcastic and acidic wit on display, General Mosquito turned out to be the cross-examiner’s ultimate courtroom nightmare and potential nemesis.

At least, that was the figure he cut when he made a really spirited first appearance in the witness box last week. On Tuesday this week, he did not appear to impress many with his testimony under cross examination. Petitioners’ counsel Philip Addison appeared disappointed that Nketia did not seem to know whether or not ballot boxes used in the 2012 election had serial numbers on them.

He drew rather copiously on his life experience to back his testimony and arguments and when cornered under cross-examination by Addison, stuck defiantly to a proclamation that he was not a lawyer to be able to answer some of counsel’s questions.

You cannot blame the man: The strain, boredom, fatigue, suspense and unease are beginning to take a toll on the petitioners, respondents and their counsel alike.

Occasionally, a witness or counsel for the petitioners or respondents does or says something that sparks off a round of laughter across the courtroom, otherwise the roving lenses of the television cameras keep picking up the same countenances from among the respondents, petitioners, lawyers and for some strange reason the media: Bland, expressionless, deadpan, strained, dead serious…

I might add that for the very first time since the hearing started, I saw what appeared to be the faintest ghost of a smile sneak stealthily across Addison’s countenance for a fleeting second and vanish, and his pink-sheet war mask resume it granite contours.

Even counsel for Mahama, Tony Lithur who had remained one of the most composed lawyers throughout the hearing to date, flipped his lid on Wednesday and flung away exhibits passed to him for his scrutiny, much to the resentment of the judges and many in the court room.

Asiedu-Nketia’s mojo came right back on Wednesday and he resumed his evidence under cross-examination by petitioners’ counsel with renewed vigour and a gusto that appeared to get Addison’s billy goat no end.

The president’s witness who is also the General-Secretary of the NDC appeared to irk Addison with his blunt, almost innocent if also latently acidic answers and comments:

Could you please repeat your question, witness tells Addison for the one million and eleventh time. It seems this is more than counsel can take but Addison who appears to stifle a deep sigh repeats his question with strained patience and seems angry at the responses.

Asiedu-Nketia who keeps chanting “my lord” appears to snigger. Addison warns that General Mosquito’s show of “disrespect”  was to the court and no him {Addison}. It will soon be over for all of them, Jomo: The verdict must come one of these days while it is raining or shining outside the courtroom!

The chimp in my skull says he wonders what will happen when the hearing finally ends and the nine justices of the Supreme Court retire behind tall, sound-proof, steel walls to decide whether to annul more than two million votes scored to President Mahama’s tally in the 2012 presidential election.

The nine wise heads around the table will most likely disagree on points of law and interpretation. Each will give his or her reasons for deciding one or the other way.

I assume that there will be a discussion leading to a verdict and that this discussion will be very honest and truthful. I doubt if in spite of their disagreements, the discussion will degenerate into a debate.

I also assume, that in any Supreme Court panel discussion of a case, each justice usually listens to the views of each of the other justices and makes a point of noting carefully, what is of key concern to each of the other panel members, and then responding accordingly.

No debate really ever ends, Jomo:  At each point in the course of a debate, everyone tries to come up with an argument he or she thinks is superior. I reckon then, that if a debate were employed instead of a discussion, the justices would probably never reach a majority decision until Kweku Ananse’s mother-in-law has learnt how to brew red, foaming Bolgatanga pito that packs a hefty punch!

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