The Myth About Court-Packing

P/NDC supporters have one myth that they hold dear, to wit, J. A. Kuffuor packed the courts to secure the conviction of Tsatsu Tsikata. Not only is this mythical, it is equally claptrap and hooey.

It is well known that Tsatsu was convicted by one judge, who incidentally was appointed by Chairman JJR long before JAK became President, Judge Henrietta Abban, who was maligned and harassed for just doing her job.

So what is the source of this myth? It is all about a writ filed by Tsatsu Tsikata at the Supreme Court challenging the Constitutionality of the Fast Track Courts, which had been set up then Chief Justice Wiredu to expedite the trial of cases. Tsatsu alleged in his writ that the Fast Track Courts were alien to the Constitution because the Constitution recognized only the High Court. Of course, the Fast Track Courts were simply automated high courts, hence the writ was prima facie absurd.

When the writ got to the court, there were 10 Supreme Court Justices because Chief Justice Abban had died. The ten Justices, none of whom were appointed by Kuffuor but all of whom were appointed by Chairman Rawlings, were

• Chief Justice Wiredu

• Justice Kpegah

• Justice Adzoe

• Justice Ampiah

• Justice Adjabeng

• Justice Bamford Addo (now Speaker)

• Justice Atugubah

• Justice Acquah

• Justice Sophia Akuffo

• Justice Lamptey

A 9 member panel was set up to decide the case. That included all the above except Justice Lamptey. The 9 member panel ruled 5-4 that the FTC was unconstitutional. Any student of law who reads the FTC decision will laugh at the reasoning, especially of Justice Bamford Addo, who was widely known as a P/NDC hatchet woman and is now Speaker appointed by the P/NDC. Justice Bamford Addo was joined by Justices Ampiah, Adjabeng, Kpegah and Adzoe. We all know where Kpegah stands now on issues.

The dissenters were Wiredu, Acquah, Sophia Akuffo and Atuguba and they roundly ridiculued the majority for their outlandish judgment, especially as Kpegah himself had appeared before the FTC to provide testimony and as the Suprem Court had sat on many cases from the FTC.

Faced with a reckless decision that would endanger all the previous FTC decisions, the AG appealed under the review clause of the Constitution. When the appeal was filed, there were 10 justices, as previoulsy discussed because of the death of Chef Justice Abban.

It was at this point that Kuffuor nominated Justice Afreh, who was unanimoulsy endorsed by both NPP and P/NDC MPs.

On re-hearing of the FTC case, the SC ruled 6-5 that the FTC was constitutional, as indeed it was.

The majority included Lamptey, Afreh, Wiredu, Acquah, Akuffo and Atugubah. The minority include Bamford Addo, Adzoe, Adjabeng, Ampiah and Kpegah.

So who packed the courts? A panel of 11 people where Kuffuor appointed one and JJR appointed 10? A 5-person panel who thought computers in the courts were unconstitutional headed by Kpegah, Adzoe, Adjabeng, Ampiah and Mabford Addo (now Speaker)?

Please give me a break on this Court Packing myth. We may look foolish but we were not born yesterday!

Should ANN Debunk the Court Packing Myth?

I Shall Return

Prof. S Kwaku Asare, Lawyer

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