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Scandalizing the Court: Dead Elsewhere but Alive in Ghana

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  • Koo 10 years ago

    Foolish professor. You are not making any sense. Don't what Ayikoi Otoo and other panelists on Joy newsfile pointed out to you on sat.

  • ELINAM 10 years ago

    Why and why?

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  • NDC FOOLS 10 years ago

    THE 9 PANEL SUPREME COURT JUDGES CAPTIANED BY THE PARTISAN USELESS CONCERT MAKER ATUGUBA ARE GRADUALLY TAKING THE GHANAIAN PEOPLE FOR A RIDE.

  • John Mills 10 years ago

    What he has written makes sense.

  • Kofi Ata, Cambridge, UK 10 years ago

    Well researched article and very good arguments. However, I am still of the view that Ghanaian society as a whole is not as developed and tolerant as those of the western democracies. That is what Ghana is aspiring to.

    Ou ...
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  • C.Y. ANDY-K 10 years ago

    I absolutely agree with Azar's arguments and position as it pertains in the civilized world, but Ghana is not in the rank of the civlized world yet and has a long way to go, since most Ghanaians, including most degree holders ...
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  • baby luv 10 years ago

    oh Andy K well what I see is we in Ghana has to throw away all foreign laws and come out with ones that reflect our culture etc. Why should we continue to allow our so called learned sons ands daughters to import laws from ot ...
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  • A. Nyamaa 10 years ago

    Kofi
    I am extremely worried about your comment. Shall we have another AFRC/PNDC under "Jerry Rawlings" for another 30 Years or so?

    I am surprised that you must put us Ghanaians down to be able to justify the intolerance e ...
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  • Kojo T 10 years ago

    The cases he quoted are all after judgement. Here the case is still in court and going on. Is this not sub judice? Common can you compare the responsible journalism of these countries and their politicians to ours.When you ca ...
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  • william 10 years ago

    He makes sense to a colonial mentality!! This is Ghana. We do what is good for Ghana and can also meet international standards of justice and equity, not what England did or did not do! No wonder some of you wore imported wig ...
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  • Emmanuel 10 years ago

    Everybody can now see that you are illiterate.find somebody to read and explain the article to you,and comment on it again.But if you have nothing to say,don't say it here.

  • insight to the bone 10 years ago

    Since before independence we have been plagued by all sorts of ruthless , vicious and willfully authoritative govts that all have one thing in common , denying the right of free speech and proper analysis of the motives and a ...
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  • C.Y. ANDY-K 10 years ago

    Coming from the mind of a clearly demented person, there is not much one can say in opposition except that it is indeed a pity for some like your lot to use this incidence as yet another opportunity to engage in your vile eth ...
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  • moyo 10 years ago

    This wrong Professor giving lectures on his favourite topic. In the UK, no one has the right to make a pre-judicial comment about case pending at the court. If that is true, how can someone you scandalize the court? Cheap pro ...
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  • Kakraba Cromwell 10 years ago

    I think so.
    This whole article is intellectually dishonest!!!!
    He only spews out garbage only to get attention.
    If he is not a coward let him come down to Ghana and make his irresponsible statements.
    In the past our ance ...
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  • NPP AKROMFUOR 10 years ago

    Is it true that "Prof" Stephen Kwaku Asare aka Kwaku Azar, stole some money belonging to AES in Legon in the early 1980s and absconded to the USA? Also, is he an account tutor or a law tutor?

  • Mehunu_Meka 10 years ago

    To pretend to be what they are not!
    And the common thread you find amongst this group of persons is that they deliberately create a support base made up not so well-informed members of society. These 'blind' followers are ea ...
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  • Dr Yaw Ohemeng 10 years ago

    The man is defending his convinctions and you are insulting him? Maybe you did not understand what he wrote, otherwise you will bring your counter views

    You see, it is clear where the Executive and the Legislature derive t ...
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  • Okonko Palm 10 years ago

    Asare was definitely wrong in all his assertions.As a new comer to law he has difficulties understanding the intricacies of the law.

    The crime of contempt of court is a common law offense.It is also a strict liability offe ...
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  • Dr Yaw Ohemeng 10 years ago

    Okonko in the Daily Mirror article, it is clear what happened. If you comment negatively, on a party to a suit or the evidence presented by a party, to invite displeasure to him or to court dislike of the public, it is contem ...
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  • Okonko Palm 10 years ago

    Again that is where you are wrong or asare is wrong.Criminal contempt does not follow the normal court due process.It has its own procedures.Please Google Strict liability contempt and you may understand my argument.Asare was ...
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  • Joe Mensah 10 years ago

    Strict liability contempt is statutory. That is, some countries legislate it. Common law contempt requires intention. That is why Atuguba kept highlighting that the accused did something intentionally.

    Let us not be confus ...
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  • Dr Yaw Ohemeng 10 years ago

    Okonko is not aware that in the UK there is a Contempt of Court Act. If you are going to quote cases to buttress your point, do some research. Prof. Asare has made several points that Okonko and others are ignoring and just l ...
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  • Okonko Palm 10 years ago

    intention only comes in mitigation to address the quantum of guilt and therefore punishment.When you Google it takes to English law website which Asare is as well using.Can you be confused if it takes you to the law commissio ...
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  • Dr Yaw Ohemeng 10 years ago

    "Intention only comes in mitigation to address the quantum of guilt...". If this were to hold, then no one will ever be acquited of contempt charges. In that case contempt would be the only crime where the defendant is presum ...
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  • Okonko Palm 10 years ago

    Contempt of Court Act 19811981 CHAPTER 49An Act to amend the law relating to contempt of court and related matters.[27th July 1981]Annotations: Help about AnnotationModifications etc. (not altering text)C1By Criminal Justice ...
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  • Dr Yaw Ohemeng 10 years ago

    Okonko, you have to read the act in its entirety! It seems to me that you are intermingling the various forms of contempt. For civil cases between private entities, which the election petition is, contempt is 'usually' restri ...
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  • Okonko Palm 10 years ago

    strict liabilities refers to publications and see the definition of publication under the law .Even under what you have posted my point had been made that criminal contempt is a strict liability offense and therefore intentio ...
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  • Dr Yaw Ohemeng 10 years ago

    I made several points~:

    1. The case pending before the court (i.e. the election petition) is not a criminal trial. It is a civil trial between private entities. In the UK, for such case, contempt will only be held from act ...
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  • Okonko Palm 10 years ago

    This is the original act from the statute books please read carefully.With all the sections in the contempt of court act 1981 on strict liability.

    Strict liability1: The strict liability rule.In this Act “the strict lia ...
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  • Joe Mensah 10 years ago

    You are just cutting and pasting. You do not understand the basic issues.

  • Mehunu_Meka 10 years ago

    To be harping on, and part of the statement you make in the opening paragraph: ".....to invite displeasure to him or to court dislike of the public, it is contempt". Although the Justices hearing this petition are not parties ...
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  • Kofi Ata, Cambridge, UK 10 years ago

    Dr Ohemeng, to suggest that there was a case called "Awuku Case" before the SC is complete fabrication. The case before the SC which Ken Kuranchie commented on was the presidential petition, period, and the presidential petit ...
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  • Dr Yaw Ohemeng 10 years ago

    Kofi, in the second paragraph, you made my point that these are cases within cases. Once Awuku, Kuranchie and Atubiga have been dealt with, we can comment and criticise. Otherwise, what are we doing here? Shouldn't we zip our ...
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  • Kofi Ata, Cambridge, UK 10 years ago

    Doc, I am in agreement with you that we can disagree to agree. That is what we need on this forum. My personal view is that, as far as the decisions of the nine Justices are concerned, we must reserve our comments until the c ...
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  • Nyansasem 10 years ago

    "The Daily Mirror has been fined £50,000 and the Sun £18,000 for contempt of court for articles published about a suspect arrested on suspicion of murdering Joanna Yeates.

    Three senior judges ruled that the tabloid newsp ...
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  • Kakraba Cromwell 10 years ago

    Dear Dr Ohemeng,
    I respect you a lot and if my statements appear as insults I apologize profusely.
    My anger with Asare is because of the intended consequences of his dishonest articles.I believe he is shouting fire in a cro ...
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  • Kobena 10 years ago

    Kakraba Cromwell,
    It is really surprising you calling Prof Asare's write-ups dishones among other unsavory epithets. He has shown in this particular article that this law of contempt was one of those racist "for the niggers" ...
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  • Osei Bonsu 10 years ago

    The libel laws are still on the statute books.It has only been undergoing reforms.

    The bill aims to "ensure that a fair balance is struck between the right to freedom of expression and the protection of reputation," accor ...
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  • Mehunu_Meka 10 years ago

    On the law of contempt in Ghana? You may choose to go along with some of the one-sided arguments he often makes in his articles,and that is fine. But you cannot tell the rest of us that what he has said is the 'gospel';far fr ...
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  • Kwadjo Darko 10 years ago

    B. Or imputation of bias or impartiality against a judge or court

    D. And real risk that public confidence will be shaken

    Ah, I am not a lawyer and neither have I studied law, but I think you listed the above as two of t ...
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  • Mehunu_Meka 10 years ago

    And that lack of acknowledgement is not an accident,but purely by design.

  • Cool 10 years ago

    What politiking does to the brain. h does not make sense any more and has joined the ranks of Prof Ahofe the Idiot

  • princewilly@ymail.com 10 years ago

    Tom did like he always does, kissing his wife, crawling into bed and falling to sleep. All of a sudden, he wakes up with an elderly man dressed in a white robe standing in front of his bed. "What the hell are you doing in my ...
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  • ELINAM 10 years ago

    Why educated men as lawyers and judges want to cover their god -given crown (hair) with cheap plastic hair under a steaming heat to prove that they have arrived at some higher point in life?
    Do any one thinks the late John ...
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  • Anthony Aheto 10 years ago

    "impudent little man in horsehair, a microcosm of conceit and empty-headedness.”

    Sounds like Atuguba

  • TP 10 years ago

    Seriously

  • kusi 10 years ago

    hey asare you thief do you think we don't know your past at legon just keep shut your mouth else we will expose your past doings to the world idiot.

  • YAW ADJEI 10 years ago

    This a good acticle, when the facts in it are true,it will be wise therefore for our judges to read it and give their comments after all we all live to learn.

  • Adongo 10 years ago

    Thank you Kwaku,you are really learned.The SC judges need refresher courses .will you be kind enough to re educate them?

  • Mercy Agyei 10 years ago

    Mr. Asare

    Are you married? If not, I am available.

    It seems those who disagree with you can only insult. You have shown our men the way.

  • Nyansasem 10 years ago

    Lol-- May be you can go for Atuguba.

  • LONTO-BOY 10 years ago

    Prof Kweku Asare is absolutely right. "Scandalising the Court" as a form of Contempt of Court is 'obsolete' in the UK. Hence, there's the need to review it in Ghana. It's no longer an offence due to concerns it conflicts with ...
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  • JAMES 10 years ago

    The article was generally well-written. However the UK, while migrating from trial for "scandalizing the court" indicated it may still be absolutely necessary in the colonies to preserve the dignity of and respect for the cou ...
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  • Dr Yaw Ohemeng 10 years ago

    You interpreted 'colonies' to be uncivilised. I will not do so. Rather contempt was being used then either as a tool of oppression or to show class distinction. This is how African Courts have used it.

    If you situate this ...
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  • Okonko Palm 10 years ago

    This is what the cps say on strict liability contempt.

    This criminal offence is strict liability in that the intention of the publisher is completely irrelevant. It does not matter if the person making the publication did ...
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  • Prof Lungu 10 years ago

    Okonko Palm,
    We've been following your back-and-forth with Dr Yaw Ohemeng, Joe Mensah, etc.

    Seems to us you may be wedded to something other than balanced reflection/reason.

    You are saying the only relevant "intention ...
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  • Tawia 10 years ago

    We are not where yet? It is preposterous to think that we in the post colonies are barbaric such that our freedom of speech should be curtailed. This is naked racism and I am utterly surprised that some Ghanaians like you acc ...
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  • Joe Dakota 10 years ago

    What happened in Rwanda had nothing to do with allowing people to talk. It was the result of a longstanding ethnic competition and tensions between the minority Tutsi, who had controlled power for centuries, and the majority ...
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  • Lankwei 10 years ago

    "In the United States, the power of the courts to punish for scandalizing the court is almost non-existent. The general rule for restricting speech is whether it portends “clear and present danger” to the administration o ...
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  • Tom Brown 10 years ago

    "General rule, and almost non-existence imply the practice exist, however limited the scope."

    It will be more impressive to give instances to contradict the author. He appears to be a thoughtful writer who chooses his word ...
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  • Okonko Palm 10 years ago

    Occasionally the statute books are revisited to weed out obsolete and inoperative laws in the books.As a result of the Internet and the many technological and communication devises, the House of commons realized that it was i ...
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  • Joe Mensah 10 years ago

    "rights come with responsibility and that freedom of speech whatever jurisdiction is qualified."

    That means people should be sent to jail for holding judges accountable?

    What is wrong with some of you?

  • Nyansasem 10 years ago

    That is what some of these intellectuals want to tell us.

    And who does not know that freedom and rights come with responsibility?

    And even then, do the rights and freedom of the SC justices come with responsibility? Or ...
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  • Kosoko 10 years ago

    Can another legal luminary takes this man on scholarIy for me. I wish to have studied even first year law at the university. I don't known what this man seek to achieve from this academic exercise. No matter how the merits of ...
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  • Joe Mensah 10 years ago

    "Can another legal luminary takes this man on scholarIy for me."

    LOL! Let us face it, the prof is very persuasive and persistent.

  • Prof Lungu 10 years ago

    How are you, Kosoko, able to "weigh the intent of our judges"?

    We guess you will have a problem!

    Read the article again.

    If you are on this forum and write as good as you do, you probably do not need a lawyer to ex ...
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  • Kosoko 10 years ago

    I concur that position has been very persuasive and consistent. I have not read law but I perceive that the judges do not want another Kenya or Rwanda considering how polarized Ghana finds itself. So no matter what the argume ...
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  • Prof Lungu 10 years ago

    You are saying only the "judges do not want another Kenya or Rwanda," that, only the judges and you have "common sense".

    That is an extraordinary place you are given where we now find ourselves!

    And so, we beg to diffe ...
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  • Kosoko 10 years ago

    Brother, I never said common sense is exclusive to the judges and me. The point I was putting across was that the intent of the judges was purely 'common sense' rather than abuse of power which Prof. Asare seems to suggest. ...
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  • Prof Lungu 10 years ago

    Ha!

    READ: "....This suggests that it has always been recognized that the offense of scandalizing the court could be put to bad use, could interfere with free speech, could shield judges from public scrutiny and was, genera ...
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  • Abukari Gariba 10 years ago

    To teach a class on free speech to all our judges, lawyers, law students and meia men. He is so right!

  • Prof Lungu 10 years ago

    Hauled?

    You mean respectfully invited, at cost to good governance and Ghana-centeredness, right?

  • Simha Nyr, adv. 6 years ago

    Shamefully alive also in Israel