Kufuor should assess insults to Mahama not my comments – Tsatsu Tsikata

• Posted on September 4, 2013September 4, 2013
• by Nana Kwesi Coomson
• Comment

Mr Tsatsu Tsikata, lead counsel for the National Democratic Congress in the election petition decided last Thursday, has challenged former President J.A. Kufuor to assess and comment on what he said have been the ‘vilest insults’ and ‘the most demeaning language’ used against President John Mahama since December 2012.

In that way, the former president would be applying objectivity and truth to his concern for threats against national stability.

According to Tsatsu Tsikata, he was surprised by persons condemning him, including former President Kufuor, for criticising a member of the panel of judges who adjudicated the election petition, Justice Anin Yeboah, for lacking judicial balance.

“When President Kufuor says that I’m a threat to stability, it’s a wonder to me – has he assessed the way in which President Mahama has received the vilest insults, the most demeaning language; being a thief and so on – since December 2012? Has he assessed that as a threat to the stability of the country and has he commented on it? When I make a comment which is in no way similar to those kinds of ridiculous and vile attacks – I make a comment about judicial balance and its importance and I say that a particular judge has lacked that in my observation…”, Tsatsu explained on Radio Gold Tuesday morning.

Explaining the context under which he criticised the Supreme Court judge, Tsatsu said he had been asked on a live television programme whether he was surprised that some of the judges on the case wrote dissenting views, to which he had said he was not surprised and proceeded to explain why.

Tsatsu said judges need to reflect themselves regarding some of the positions that they take and whether those are positions that are objectively reasonable, saying the reason why judicial balance is absolutely essential is because “we all tend to hold on to our political convictions and so on, but if these political convictions so cloud our judgement, especially when we are in a position to adjudicate an important case like the election petition, they cloud our judgement and prevent us from doing what is the legally appropriate and constitutional right kind of decision-making. I think that’s a danger to our country, that’s a danger to our stability, and I believe that judges in particular do require reflection.”

He maintained that the issue is about truth and objectivity, and if some people found what he said uncomfortable, he could only leave them with Jesus Christ’ words at Luke 12 “that there is nothing concealed that will not be disclosed or hidden that will not be made known. What you have said in the dark will be heard in the day light, and what you have whispered in the inner rooms will be proclaimed from the roof.”

He said the issue of people tending to be carried away just by their political perspective should be confronted and not swept under the carpet, it should be confronted even if the truth is uncomfortable, to determine steps to be taken to create the sort of balance required on the bench.

He also found it interesting that comments attacking what he said did not look at whether what he said was the truth or objective, rejecting also claims that he used invectives in his criticism of Justice Anin Yeboah.

Tsatsu Tsikata said since the judgment of the court, he has been trying to get a copy to know exactly what was said or written, but had not been successful.

“And what we have been told is that Justice Anin Yeboah’s judgement was not available in electronic form, it was in hard copy and they are now trying to get it in electronic form, meanwhile, as you and I know surely, extracts from his judgement are being put online and only his judgement is being put online by people who evidently are able to secure a copy even though we as counsel for the various parties have sought to get a copy without success.”

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