Opinions of Thursday, 16 May 2013
Columnist: Sarpong, Justice
......he overrules a Co-Judge
The President of the nine-member Bench hearing the Election case, Justice William Atuguba since the beginning of the hearing has demanded utmost respect from the public to accord the Judges the respect they deserve and we have accorded the Eminent Judges the respect they deserve but quacksalver Atuguba seems not to have imbibed his own advice. On the tenth day of whangdoodle Tsatsu cross examination of Dr Bawumiah, Judge Atuguba did something that stunned some people when he subtly overruded one of his colleagues. It happened during an exhange between a Judge and Tsatsu.
"Tsikata goes ahead to ask if witness is aware of the affidavits of Freda Prempeh an NPP MP. His question draws a banter between him and one of the judges who says that question is part of an application which he Tsikata has brought before the court asking leave of the court to cross-examine Prempeh who came by affidavits evidence. He says it is not right to ask questions of Bawumia on the same matter and expect to haul Freda Prempeh before the court to also ask her the same question. Tsikata insists he has to ask the question. Atuguba asks him to go ahead"
Ratiocination dictates that, Atugubqa even if he thought Tsatsu was right to embark on this line of questioning should have showned respect to his co-Judge by asking Tsatsu to hold on to his questioning whilst he confers with the Judge about the rationale behind Tsatsu's questioning and then ask Tsatsu the rationale behind this line of questioning and set modalities for Tsatsu to follow before telling Tsatsu to go ahead with his questioning, that would have been respectful and masked his disrespectful attitude to the other Judge.
Justice Atuguba has been given an opportunity to leave his mark in the Judicial history of Ghana and he should not throw this opportunity away by allowing his personal political leanings to ruin his legacy as a Supreme Court Judge of Ghana because the whole world is watching. Ruling against Petioners lawyers is his right and in the purvey of his authority but when he starts overruling his own co panelists on the bench, then somebody has to prick him that, he is veering off course. What he did on Wednesday the tenth day of Tsatsu's cross examination was too juvenilastic and he should exorcise such an attitude from his arsenal of judicial powers, it will serve him better. His legacy as an impartial Judge will be cemented in our memories if he can stop being Tsatsu Tsikata's sidekick.
It's really a sad day in our courts when a Judge demanding respect from the public can behave like a hired gun by the Ndc Party to address a witness by subtly insulting him by telling him to bring his mind to Court. Atuguba should leave the bench and put an umbrella party shirt on and start waving pompom for every Tsatsu's questions. Dr. Bawumiah has every right to answer Tsatsu open ended questions with statements and opinions when he Tsatsu has no idea a defense Lawyer should not ask questions that elicits statements.
"In answering the question, Dr Bawumia sought to offer additional information. However, Justice Atuguba was least impressed by the circumlocution of the Petitioners' witness.
He then cut in sharply saying, “You see you are a doctor, you are very intelligent…so help us. This case, let me tell you, people are approaching from two fronts: the political front and the issues here. We are dealing with only the issues here, so bring your mind to the courtroom”.
Is it not Tsatsu's job to tell Dr. Bawumiah that he has answered the question and he does not need any more statement? If Atuguba wants to do the NDC Lawyers job for him, he should go and sit with the Respondents team, that is the best he can do.
Justice Sarpong
(CARDINAL of TRUTH)