Review of judiciary in 2021

The year 2021 was a very crucial year for the judiciary.

It was a year just after the December 7, 2020 general election and therefore the courts were inundated with election petitions and other electoral related disputes.

Mahama’s election petition

The year began with a bang by ushering in one of the biggest court cases.

This was the presidential election petition filed by Former President John Dramani Mahama challenging the victory of President Nana Addo Dankwa Akufo-Addo in the 2020 Presidential election.

It was the second presidential election petition in the history of the country.

Former President Mahama, who was the Presidential candidate of the National Democratic Congress (NDC), wanted the Supreme Court to annul the declaration by the Electoral Commission that President Akufo-Addo, who was the candidate of the New Patriotic Party (NPP), won the 2020 presidential poll.

Former President Mahama also asked the apex court to order the EC to conduct a second election with only him and President Akufo-Addo as the candidates.

It was a petition that led to many interesting events; the cross-examination of the General Secretary of the NDC, Mr. Johnson Asiedu Nketia, and the Jean Mensa cross-examination saga.

The brouhaha, political twist and national excitement that characterised the election petition was taken to another level when the EC decided not to put its Chairperson, Mrs. Jean Mensa, on the witness stand in order to testify in its defence.

The decision by the EC not to let its Chairperson testify dominated the election petition, divided public opinion, with some questioning the substance of the petition and others doubting the credibility of the EC.

Lawyer for Former President Mahama, Mr. Tsatsu Tsikata, argued that Mrs. Mensa had elected to testify and therefore she could not run away from her decision to testify, and also she owed the public a duty to explain what exactly took place during her declaration.

The EC and its lawyer, Mr. Justin Amenuvor, disagreed and submitted that a party to a dispute could not be forced to adduce evidence and that it would not adduce any evidence but the petitioner should rely on the strength of his case.

The Supreme Court agreed with the EC and ruled that Mrs. Jean Mensa could not be forced to testify if the EC decides not to put her on the stand.

Petition dismissed

After three months of legal arguments, court room drama, media circus and public anticipation, the Supreme Court delivered its judgement, dismissing the election petition in its entirety.

The unanimous decision by the seven-member panel settled the dust on the 2020 general election and officially sealed the victory of President Akufo-Addo.

Parliamentary election petitions

The NPP and the NDC each had 137 parliamentary seats during the 2020 elections and therefore the two political parties were bent on using the courts to fight for more parliamentary seats.

2021 therefore, saw the NPP and the NDC crossing swords in the courtrooms in their bid to increase their parliamentary seats.

Each party filed 8 parliamentary election petitions.

The NDC constituencies in dispute are Buem, Kintampo North, Savelugu, Pusiga, Jomoro, Assin North, Banda and Krachi West.

With regard to the NPP, the seats in contention are Techiman South, Hohoe, Tano South, Tarkwa Nsuaem, Essikado Ketan, Tema West, Zabzugu and Sefwi Wiawso.

As at the end of 2021, only Assin North had been determined with the Cape Coast High Court nullifying the election of the NDC MP, Mr. James Gyakye Quayson.

According to the court, Mr. Quayson, at the time of filing his nomination, had not renounced his Canadian citizenship and therefore owed allegiance to another country which was clear violation of Article 94 (2) of the 1992 Constitution.

Celebrities in trouble

One of the highlights of 2021 was the notable personalities that had a brush with the law.

The one to suffer most was actress and social media sensation, Rosemond Brown, aka Akuapem Poloo.

Her legal problem started when the Accra Circuit Court sentenced her to ninety days imprisonment for showing nudity to her son.

She received good news when she was admitted to bail by the High Court to enable her to appeal the decision of the Circuit Court, but had the shock of her life when her sentence was upheld by the High Court which meant that she would have spent Christmas in prison.

However, the Court of Appeal overturned the decision of the High Court and rather imposed a fine of GH¢12,000 on Akuapem Poloo.

Dancehall artiste, Charles Nii Armah Mensah Jnr aka Shatta Wale, and rapper Samuel Adu Frimpong aka Medikal also had a brush with the law in 2021.

Shatta Wale was accused of claiming that he was dead which turned out to be a prank, while Medikal was accused of brandishing a gun on social media.

It was not only entertainers who had problems with the law.

The General Overseer of the Glorious Word Power Ministry International, Rev. Isaac Owusu Bempah, was also dragged to court for allegedly threatening to kill self-acclaimed evangelist, Patricia Oduro Koranteng aka Nana Agradaa.

Opuni saga

One courtroom story that dominated the news throughout 2021 was the quest by a former Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD), Dr. Stephen Kwabena Opuni, to have Justice Jackson Honyenuga, a Justice of the Supreme Court, removed from his trial in which he has been accused of causing financial loss to the state.

Dr. Opuni failed on numerous attempts to remove Justice Honyenuga, who he accused of being bias towards him.

He finally succeeded when the Supreme Court in a 3-2 majority ruled in his favour, but this was overturned by a 4-3 review panel of the apex court following an application by the Attorney-General, Mr. Godfred Yeboah Dame.