Conduct of Chief Justice against Ayine very unfortunate – Fmr MP

The former Member of Parliament for Mion has backed MP for Bolgatanga East, Dr. Dominic Ayine‘s criticism of the Supreme Court’s ruling of the 2020 election petition.

Mr Mohammed Abdul Aziz, who was reacting to the Chief Justice’s petition to the General Legal Council (GLAC) to probe the former deputy Attorney General and apply the necessary sanctions, is unfortunate.

Mohammed Abdul-Aziz, Former MP for Mion.

Ayine is reported to have said the Supreme Court failed to apply the rules of procedure during the 2020 election petition trial and raised concerns over the regular dismissal of the petitioners’ applications during the case.

The comments he made at an event organized by the Centre for Democratic Development (CDD) and the KNUST led to the Chief Justice, Kwasi Anin-Yeboah hauling before the GLC.

Speaking on the Morning Update on TV XYZ,  Abdul Aziz, a member of the National Democratic Congress (NDC)  strongly defended Ayine, saying  “the Supreme Court’s failure to apply the rule of the procedures as well as the consistent and continuous dismissal of the petitioner’s applications or reliefs on the basis of assertion is right in our perceptive.”

Dr. Dominic Ayine

“He is not just a member of parliament but a lecturer and a former deputy Attorney General and he knows what to say and what not to say,” he added

Mr Abdul Aziz argued that there is nothing wrong with criticizing the conduct of Judges after a trial.

“The country belongs to all of us so we should be treated equally because we have some elements in the NPP who have done worse in making disparaging comments against Judges [but have not been punished],” he stated. “the action of the Chief Justice is against free speech.”

NDC’s Justification

The NDC has declared that it is behind its MP for Bolga East Dr Dominic Akuritinga Ayine, for the said comments.

Addressing the press Monday, General Secretary of the party, Johnson Asiedu Nketiah argued  Dr. Ayine spoke nothing but the truth at the roundtable discussion that had other lawyers and academics brought together to analyze the impact of presidential election petitions on our democracy.

“Let me state here and now that the National Democratic Congress stands with Dr. Ayine against what is increasingly becoming a campaign of judicial tyranny being waged by the Chief Justice of the Republic against lawyers who identify with the NDC,” he said.

“When the question about confidence in the independence of the judiciary was posed, Lawyer Yaw Oppong, a member of President Akufo-Addo’s legal team, responded that he thought Ghana’s judiciary was independent. Dr. Ayine, on his part, expressed the view that his confidence in the independence of the judiciary had been dampened by the way the court determined some of the interlocutory applications of the Petitioner without due regard for judicial precedent and settled rules and practices,” he said.

Asiedu Nketiah also noted, for instance,  that in the hearing of the 2020 Election Petition continuously shielded the Chairperson of the Electoral Commission, Mrs. Jean Adukwei Mensah, from scrutiny and accountability to the surprise of many and thus it is in order if someone says the confidence in the judicial service is dwindling.
He said contrary to the views of Justice Anin-Yeboah during the 2012 election petition that the EC Chair was solely responsible for the success or otherwise of an election,  he led the Supreme Court bench to dismiss every single application on behalf of the Petitioner to have the Chairperson of the Electoral
Commission assists the Court to establish the truth.
“In 2013 Dr. Afari-Djan went into the witness -box and was subjected to extensive cross-examination. That was not enough for Justice Anin-Yeboah then. This time, Mrs. Jean Mensa, having sworn to a witness statement and sworn to affidavits to the effect that she would be available for cross-examination, chose not to testify,” he said.
He continued that in an attempt to re-open the case of the Petitioner to enable her to be subpoenaed was rejected by the Chief Justice and his colleagues and quizzed ” How does the Chief Justice, Justice Anin-Yeboah, expect Ghanaians to have confidence in his impartiality and fairmindedness as a judge in the face of these contradictory decisions by him?



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