The National Democratic Congress (NDC) says the latest persecution of Dr. Dominic Ayine, the NDC Member of Parliament for Bolga East is part of a grand agenda by the current Chief Justice, Justice Kwasi Anin-Yeboah to intimidate, cower and muzzle all dissenting voices, particularly those in the NDC, who dare to speak against some of the strange decisions that characterized the 2020 Presidential Election Petition.
The NDC took notice of a petition to the General Legal Council, in which the Chief Justice of the Republic of Ghana, Justice Kwasi Anin-Yeboah, acting as a Complainant, is seeking to have disciplinary action taken against Dr. Ayine, who is also Chairman of the Subsidiary Legislation Committee of Parliament.
According to the letter from the Judicial Secretary to the Disciplinary Committee Chairperson of the General Legal Council, statements that Dr. Ayine made during a panel discussion on Presidential Election Petitions and their impact on Africa’s Democracy, organized under the auspices of the Centre for Democratic Development (CDD) calls for such disciplinary action.
The NDC explained that during the panel discussion referred to above, when asked about what he made of the independence of the Judiciary in the wake of decisions in the course of the recent 2020 Election Petition, Dr. Ayine stated his honest, well-reasoned and well-researched views as not only an academic of so many years, but also as a lawyer of high repute, a former Deputy Attorney General, a Member of Parliament and the Chairman of Parliament’s Subsidiary Legislation Committee.
However, the NDC said it came as a shock to many in academia, civil society, the legal fraternity and, indeed, to members of the NDC, that the Chief Justice has initiated processes to have Dr. Ayine investigated and disciplined for his comments.
Addressing the media in Accra on Monday, June 21, 2021, the General Secretary of the NDC, Mr Johnson Asiedu Nketia said Dr. Ayine’s views about the independence of the Judiciary are views he is entitled to in line with his freedom of expression guaranteed under the 1992 constitution.
Asiedu Nketia said Dr. Ayine was courteous to the Court and kept his language temperate and decent while he stayed within the bounds of professionalism.
He again said Dr. Ayine was neither scurrilous nor scandalous, adding that for him to be accused by the Chief Justice of disparaging Ghana’s Judiciary over these tempered and justified comments, is not only bizarre and unfortunate, but speaks volumes about the Chief Justice.
“Clearly, the opinion expressed by Dr. Ayine which we in the NDC share without any equivocation, is not actionable and does not violate any rule or Professional conduct rules for lawyers. As a matter of fact, neither Dr. Ayine, nor we in the NDC can be compelled to increase our confidence in the independence of the judiciary even when the Court has not given us any basis or reason to do so. The Chief Justice ought to be reminded that justice emanates from the people and is administered on our behalf. Public confidence in the independence of the judiciary must therefore be earned and not forced on us,” Asiedu Nketia said.
He added that the invitation of Dr. Ayine to appear before the General Legal Council is yet another attempt by the Chief Justice to intimidate and suppress views that are at variance with his views.
Asiedu Nketia opined that even if the Chief Justice disagrees with Dr. Ayine’s views or deems same as erroneous, the statements made were decorous expressions of opinion about a judgement delivered by the Supreme Court and do not warrant professional discipline.
The NDC General Secretary said, “Our progressive march as a constitutional democracy will suffer a grave setback if the Disciplinary Committee of the General Legal Council were to proceed to hold an inquiry into this matter of Dr. Ayine’s statements at the CDD event. Our Constitution and laws protect the integrity and independence of the judiciary and not the sensibilities of judges. Judicial vanity is a threat to justice and must not be countenanced in any democracy.”
He called on well-meaning Ghanaians to demand that the Chief Justice withdraws his petition against Dr. Ayine forthwith, adding that,“We further serve notice that as a political party, we are keenly following events, and shall resist judicial tyranny with all our might.”
Asiedu Nketia continued that, “We wish to state that, even as the action taken against Dr Ayine is unjustified, it is but a symptom of a larger problem. It is no coincidence that virtually all the lawyers who have been reported to the Disciplinary Committee of the General Legal Council by the Chief Justice, Justice Kwasi Anin-Yeboah, in recent times are aligned to the NDC. What is the Chief Justice’s personal interest in the punishment of NDC affiliated lawyers that he is so keen to initiate unwarranted actions against them? We dare say that such treatment would not be meted out to lawyers who are aligned to the NPP for reasons best known to the Chief Justice.”
Meanwhile, he said the NDC will not be intimidated by partisan occupants of state institutions no matter the cost.
“If these actions by the Chief Justice are intended to browbeat the NDC and its members and prevent us from stating our views on the performance of the Judiciary, we hereby state categorically that they will not succeed! We will not be intimidated. We, as a party, will continue to defend the cause of freedom and of right in this country. We did not strive to put in place the building blocks of a sustainable democracy only to allow judicial tyranny to rear its head. And, we will never be intimidated by partisan occupants of state institutions no matter the cost,” he said.
Ghana| Atinkaonline.com| Porcia Oforiwaa Ofori
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