Supreme Court cautions, discharges Kpessa-Whyte over contempt

Prof. Michael Kpessa-Whyte, an associate professor at the University of Ghana and a prominent member of the National Democratic Congress (NDC), was admonished and released for contempt after seeking refuge in the mercy seat of the Supreme Court.

After dismissing Professor Kpessa-Whyte, a five-person panel of the highest court in the nation stated his statements were unbecoming of a professor and urged him to set a good example for his students.


"At times, we fail to recognize the significance of our own existence.

A member of the panel, Justice Prof. Joy Henrietta Mensa-Bonsu, cautioned the accused, "You are an opinion leader and you are now an associate professor, many people look up to you, do not lead them into temptation."

Guilty
Prof. Kpessa -Whyte, who called the Supreme Court a "stupid court" in a message on Twitter, pled guilty to scandalizing the court yesterday. He was accused of insulting the Supreme Court's dignity, respect, and stature and of generating prejudice against the court.


He entered a not guilty plea at first, then modified it to guilty with explanation, and then entered a guilty plea.

After hearing his apologies and retraction of the offensive remarks, the court chose not to penalize him despite his guilty plea.

Due to the mitigation presented by the defendant's attorney, Dr. Justice Srem Sai, and the presence of the Director of the Ghana School of Law, Barima Oppong Kodie alias Yaw Oppong, the court chose to show leniency.


Mitigation
Dr. Sai argued in mitigation that his client, Prof. Kpessa-Whyte, had repented by making an apology and deleting the offending tweet, which had been replaced with an apology.

We come before your Lordships' court of justice in sackcloth and ashes, begging for mercy.

This terrible thing will never happen again, we promise you that," he stated.

His lawyer stated his focus will now be on protecting the Supreme Court and the whole Judiciary.


Barima Oppong Kodie argued that the court should use some kindness and restraint in its punishment of the transgressor.

Judgment
The court's ruling that led to Prof. Kpessa-Whyte's admonition reflected the opinion that while the Supreme Court and the Judiciary were not immune to criticism, it was vital that it not interfere with the fair administration of justice.

Justice Mariama Owusu, who read the ruling, referred to the 1982 slayings of three high court justices to argue that criticism of judges should be fair but should not make them an object of hatred or demean the courts.

Justice Avril Lovelace -Johnson, Justice Mensa-Bonsu, Justice Samuel Kwame Adibu Asiedu, and Justice George Kingsley Koomson made up the panel, which was presided over by Justice Owusu.