Just as the Chief Justice referred a former Deputy Attorney General Dominic Ayine to the General Legal Council (GLC) for the comments he made against the justices, it will be interesting to see if Mr Kwasi Anin-Yeboah will also refer Tsatsu Tsikata to the GLC for saying that ‘In this last petition, I think as we all saw virtually in all the decisions, the Chief Justice will write an opinion and everybody was on board’, private legal practitioner Professor Kwaku Asare, has said.
Mr Tsikata who was the lead counsel for John Dramani Mahama in the 2020 Presidential Election Petition, criticized the Supreme Court for dismissing the petition.
In an exclusive interview with TV3, he maintained that the apex court made errors in its decisions.
He said unlike the 2012 Election Petition judgement when all the judges gave reasons for the positions they took on the main points of the case that was not the case in the 2020 Presidential Election Petition.
“Each of the judges had a chance to articulate the reasons and to explain their point of view from a legal authority standpoint. In this last petition, I think as we all saw virtually in all the decisions, the Chief Justice will write an opinion and everybody was on board”, he said.
“I come to a clear determination that there were errors made in the decisions and I make no bones about saying so and respectfully explaining why I say so in the manner I think I have illustrated in this discussion, not out of disrespect for the judges or trying to make fun of them, no. It is out of the importance of their role and the importance of their fidelity to the Constitution and to the law”.
Commenting on this development, Professor Asare said “It will be interesting to see if the CJ will refer Tsatsu to the GLC for saying that “In this last petition, I think as we all saw virtually in all the decisions, the Chief Justice will write an opinion and everybody was on board.”
“Lawyers are footsoldiers of the Constitution and must be free to defend the Constitution as vigorously as possible subject only to the court rules, none of which bars them from expressing any opinion they want on an adjudicated case.
“In fact, law journals will be boring if all lawyers and commentators could do was to praise court opinions or to shy away from questioning the independence of the courts.
“No constitution will be adequately protected if the law regulator is allowed to create a monopolist provider of legal education and to also serve as the monopolist monitor of what those who are allowed to practice can say in and out of the courtrooms.
“The GLC is a moribund regulator that has stifled the growth of the law and justice in this country.
Dr. Akuritingayine must be freed, the CJ must focus on improving justice delivery, the GLC must be scrapped, and GOGO must be launched.”