It’s unfair for people to bad-mouth the Chief Justice, says Frank Davies
Davies has described these comments as “intellectual dishonesty.”
Frank Davies, a former president of the Greater Accra Bar Association has criticized some lawyers for denigrating the Chief Justice over the supposed misconduct case against Dr. Dominic Ayine, a former deputy attorney general.
The former president of the Greater Accra Bar Association says Ghanaians must allow the General Legal Council the space to determine the chief justice’s petition against Dominic Ayine.
Davies has described these comments as “intellectual dishonesty.”
In an exclusive interview with Beatrice Adu on the Big Bulletin, Davies said the matter must be left to the disciplinary committee of the General Legal Council to determine.
He said, “Trained lawyers who are supposed to know better have been using very foul language; very unacceptable language in describing the person of the chief justice. I don’t it’s fair to him. Well, in their estimation he might be wrong but let that be determined by another forum…”
Davies said, “…When matters like these happen, people just jump into the fray and say all manner kinds of things, I find that very disappointing. We all belong to a chosen profession; we know the ethics, we know the rules and we know what to say at any particular time.”
He added, “I think we should be more guarded when we are making pronouncements when matters of this nature happen. There are formal processes of investigating anything that happens in this world.
“When the process is activated people should not just rush and jump into needless conclusions, saying all kinds of things about judicial tyranny and dictatorship, it’s not fair.”
Davies said, “All of us as Ghanaians should interrogate the issues with a broad mind and not jump to these opinions. You can have a position someone also has a position but let the line be drawn. I don’t think it’s fair for people to run around badmouthing the chief justice.”
Background
Chief Justice Kwasi Anin-Yeboah, has referred Dr Dominic Ayine to the disciplinary committee of the General Legal Council, for allegedly making unacceptable comments against the judiciary.
The petition dated 25 May 2021 and addressed to the chairman of the General Legal Council states that: “These comments are made against the backdrop of the Supreme Court, discharging Dr Ayeni on a charge of contempt for a similar comment made against the members of the Supreme Court, during the election petition hearing.”
The petition added: “Dr Ayeni Apologised profusely when he appeared before the court on a contempt charge and admitted to having made comments which were unbecoming of a lawyer of his standing and former deputy attorney general”.
Chief Justice Anin-Yeboah by the petition, said he finds the comments unacceptable…and, is asking the disciplinary committee of the General Legal Council, to investigate the matter.
Dr Dominic Ayine has reportedly said, that the Supreme Court, in the adjudication of the election 2020 petition, failed to apply the rules of procedure and continuously dismissed the plaintiff’s applications.
He also questioned the independence of the judiciary of Ghana, in a Center for Democratic Development (CDD)-Ghana round-table discussion on the topic; ‘Presidential Election Petitions and their Impact on Africa’s Democracy’.
Dr Ayine said: “I expected the Supreme Court to apply faithfully the rules of procedure to – in terms of adducing evidence – prove the petitioner’s case and so on. What we saw was a Supreme Court that was constantly putting hurdles in the way of the petitioner in terms of adducing evidence to prove the petitioner’s case”.
He added, “I am sure for ordinary Ghanaians or the electorate generally, the fact that the Supreme Court judges, all nine of them, on almost every application was unanimous in rejecting and dismissing the case of the petitioner was very telling in terms of the open-mindedness…”
This move by the chief justice has sparked some talking points in the country with some describing it as the return of “judicial tyranny” in the country.
SOURCE: ASAASE RADIO ONLINE
