All over the world, the justice system is presumed by people with little or no knowledge of the law as a system that is affiliated to the government of the day. This predetermined perspective of the judiciary is overbearingly prejudicial to the justice systems around the world. As the peace and harmony seeking institutions of the world endeavor to instill public belief in democratic settings, we can all agree that it will be impossible to have a truly peaceful society when the people do not feel confident in the justice system. It was at the back of this reasoning that I supported with unprecedented ardour when Ghana’s largest opposition political party finally decided to challenge the results of the country’s 2020 presidential elections at the country’s apex court. Unbeknownst to me at the time was the fact that the man who chaired the committee that put together the country’s current constitution will be the lead counsel for the petitioner in court. The John Dramani Mahama led National Democratic Congress has no doubt since the beginning of the case at the supreme court of Ghana, delivered some very compelling arguments through lawyer Tsatsu Tsikata. The lawyer who came to be known by a good majority of the Ghanaian people as the ‘law faculty’, has no doubt proven beyond reasonable doubt that he is a lawyer of unmatched potentials.
On the 22nd of February 2021 however, the supreme court of Ghana has thrown out the petitioner’s application to reopen their case after they had already closed the case. The decision to reopen their case came at the back of the first and second respondents’ decisions to close their respective cases without calling any of their witnesses. The petitioner whose strategy may have involved riding on the pores and inconsistencies in the stories of the respondent’s witnesses to complete their case, opposed this decision with utmost vehemence and filed a review application to reopen their case. Lawyer Tsatsu Tsikata argued that the court’s decision to grant the respondents leave to close their respective cases without putting a particular witness; Madam Jean Mensa in the witness box for cross examination was for the lack of a better word, ‘in breach of the rules of court’. He quoted specific articles and preceding cases of similar nature to back his compelling arguments which mostly keep him on his feet for several minutes.
Lawyer Tsatsu Tsikata’s affluence in the law can not at any point be undermined and his constant attempts to entrap both his opponents and the learned lords of the court in his argumentative dungeons is quite admirable. His posture in court since the very beginning of the case has either directly or indirectly resulted in some level of public ridiculing of not only the supreme court of Ghana but also the country’s justice system. This was worrying to someone like me who understands the dire consequences of a state where people express apathy towards the judicial system. The people instead of taking their grievances to the courts, may opt for other options like instant justice where they believe they are ‘guaranteed’ justice.
Just as everyone including myself was beginning to believe that the country’s justice system will be subjected to some serious public scandalizing as a result of the proceedings of this election petition which is also the second election petition in the history of the country, the learned Lords of Ghana’s supreme court has proven beyond reasonable doubt that they are indeed worthy of the call to serve in that regard. The February-esque jury which consists of seven (7) members on a normal day but nine (9) on very ‘crucial days’, did not only throw out the petitioner’s application to reopen the case but also responded to every major point in lawyer Tsikata’s rather powerful arguments and provided the strongest possible legal answers to every outstanding question that may have remained in the minds of anyone. The court clarified it’s decisions in style with quotes from the constitution of the republic of Ghana, the rules of court and other leading legal documents of the world. The jury explained that the application did not point out any error or contradiction of the law in the earlier judgement of the court and for that reason, could not be upheld. At the end of the about 25 minutes reading of judgement by Justice Kwasi Anin-Yeboah; the chief justice of the republic of Ghana, one can not help but admire the depth and expertise of the country’s judiciary.
At this point, even lawyer Tsatsu Tsikata was fully convinced that the judgement of the supreme court is strongly backed by the law. In response, lawyer Tsikata affirmed that the petitioner has accepted the verdict and would not take any further action in that regard. It is however imperative to note that lawyer Tsatsu Tsikata may have fallen today in his quest to seek a reopening of the petitioner’s case and a subsequent subpoena of a witness of the first respondent but he has no doubt been magical throughout the proceedings. But for his magical and tactical arguments, the petitioner’s case may have been thrown out already. As we await the final verdict, we must note that the possibility of calling the lawyer’s of both the petitioner and the respondents to clarify their closing statements in court has been affirmed by the jury today. It means therefore that we are likely to see lawyer Tsatsu Tsikata in action one more time before the final verdict by the supreme court of Ghana is delivered. We can only hope and pray for that magical moment to be bestowed upon us.
What is your personal assessment of lawyer Tsatsu Tsikata’s performance in court? On a scale of 1-10, how will you mark his performance in court?
Content created and supplied by: TsaliG (via Opera News )