Opinions of Sunday, 8 September 2013

Columnist: Rii, Jedd

The Search for Justice; The Case for Review.

It is only right to commend members of the NPP for their conduct throughout the petition. Yes! Some got themselves in a situation of some notoriety. However there has not been a better side and all the allegations against them has just been that; allegations and nothing else.

I would have wished a different approach and outcome, but my convictions were and are still the same. There has been some sheer brilliance, integrity and a new found respect. The brilliance of Phillip Addison, Esq. for his courage under fire, The integrity of Dr Bawumia; subjected to a relentless assault and a new found respect for the leader of the New Patriotic Party; Nana Akuffo Addo.

Which brings me to my purpose.

To Nana Akuffo Addo Leader of the NPP

Sir, I can understand that you feel frustrated, disappointed and fed up. [It is understandable]. However, the weight of a situation on a man’s shoulder is only in the mind. Millions of hearts [ worldwide ] went with you to the courts and are still in support. You are not alone. You cannot [ repeat ] concede victory to your opponents in the middle of a battle and accept that it is “honourable” to give up now. You are listening to the voices of those who do not want you to fight, because it is in their interest for you not to do so. A lot more can be achieved, but you would never know until you try.

[Now listen to me, Sir]. In the case of Tsatsu v the Attorney General, you do recall who the Attorney General was? I found out that it was a review of an earlier decision that secured the justice that you wanted at the time.

So I am going to ask you: Are you going to give up short of a review, simply because you are battle weary or fed up? Are you going to give up, simply because your opponents are telling you it will help your standing? Well Sir, if this was military campaign and you were a General, you would be looking at a court martial, for raising a white flag in a battle which is far from finished. There are some vital legal arsenal still not deployed.

If those telling you to give up were right, the Attorney General and her panels of legal thinkers [even before the case commenced and after careful consideration], would not have given provision to review any decision given? If you give up now, you are letting not only yourself down, you will abandon the millions of supporters worldwide and well-wishers in a sea of heartbreak.

Not at any time, but particularly in the middle of battle, you do not listen to your opponents. They will discourage you, they will mislead you and they will frustrate your efforts until they are certain your fate is sealed.

[This is what you will do, Sir]. You will summon all your “Lieutenants“, and you will assess the verdict, just like you did before and you will file for that review [on time].

Now, let’s get to work on the verdict.

“For the avoidance of doubt, an allegation which is not upheld in court due to the level of proof, does not affirm innocence or validate an act, unless evidence is submitted which proves beyond doubt that such an assertion is true based on findings of fact and any such proof as presented to the court.”

Where the earlier scenario exist and no evidence is provided in support of innocence or validity of an act, it would be wrong for a court to make a determination of innocence or validity based on what may be viewed as supposition. In that respect, a court cannot make such a decision outside a finding of fact without raising allegations of bias, discrimination or both.”

Sir, I would like you to ask yourself, if you think it is wiser to finish this case with the support of your people, or do just what your opponents are desperately hoping you will do and quit. The court offered a review and a review you shall have. You just have to apply sound legal arguments on any reservations that you may have. I would be quick to add that any such application must not include even the slightest hint of any personal attack on any of the judges [ none whatsoever ]. The focus should be the rulings irrespective of who made it.

If you are worried about the flak and small arms fire which will be directed at you from the opposition’s fourth and the fifth estate [ Media and Social Networking sites ], I can assure you, that you can leave that to Rear Admirals Sarpong, Ahoofe and Rockson of the Fourth Fleet Battlegroups 4, 5 and 6. Excuse me for a little humour [ and I do not actually encourage such engagements ], but I do believe someone needs to cheer you up and remind you that you, the NPP family and supporters have all worked tirelessly and done brilliantly.

With much respect, Jedd Rii.

Link: aabicoleridge@live.co.uk