Doffing my cap to the Supreme Court Judges for applying the laws creditably

BY KITNES - Feb 23, 2021 at 8:51am 100

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By the conduct so far displayed by the bench of Supreme Court presiding over the ongoing election 2020 petition, l have only to doff my cap to them.

They are not swayed by any populist public opinions and sentiments but going about the case as the laws, rules of court, and case laws etched in the indestructible statute books do permit.

They are not looking left or right but are well focused on the applications and interpretations of the laws as are relevant to the case laid before them.

If all judges were to apply the laws as are relevant to cases brought before them, there will be less or no injustices, committed against one another in the country. Nobody will even dare try to induce any judge with money or other offers and promises to get them pronounce verdicts in their favour.

Do we prefer judges who honestly apply the laws as they are written in the statute books in relevance to cases brought before them, or we prefer those that will twist the laws accordingly as they may be influenced by bribery or intimidation?

When it comes to fraud in relation to cause and matter affecting chieftaincy, l hope the judges will go by the stated criteria for "cause and matter affecting chieftaincy" as are enshrined in the Constitution, Chieftaincy Act 759, and the High Court Rules of Law (C.I. 47) as well as understandably, relevant case laws.

As soon as fraud is heard or is implied, the plaintiff or petitioner must be able to prove it with facts and credible, permissible, and acceptable evidence. Once it is proven beyond doubt, any judge of integrity, as is currently my opinion about the bench on the election 2020 petition, must apply the laws faithfully and honestly to render their verdict.

In all worldwide legal jurisdictions, it is accepted that "Fraud vitiates everything, including all contracts". Therefore, when fraud is proven to have been committed by anyone, no amount of influence on a judge by whomever, be they the President of Ghana, the most powerful and dreaded traditional overlord, the richest or the most educated person in Ghana, should be enough to exonerate the culprit from blame and guilt.

I wait to see how the Supreme Court judges will come across should any case relating to "cause and matter affecting chieftaincy" be laid before them.

As creditably as they have so far proven themselves in the election 2020 petition, l hope they will not prove themselves differently.

I am watching and doing my own research on what is going on in the Supreme Court in regards to the judges' behaviour in applying the laws.

As in writing, they have my respect. I hope they will not do anything different to change my mind about them when a clear case of fraud involving chieftaincy is brought before them.