2 JAILED FOR CONTEMPT

Stephen Atuguba & Ken Kuranchie in handcuff on their way to prison

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Wednesday July 3, 2013

The Supreme Court yesterday jailed Kenneth Agyei Kuranchie, Managing Editor of The Daily Searchlight a private newspaper and Stephen Atubiga, a member of the ruling National Democratic Congress (NDC) communication team for criminal contempt.

Mr. Kuranchie was given 10 days while Mr. Atubiga who says he is a professional electrician and resided in the United States for 14 years, was slapped with 3 days in prison.

They were immediately handcuffed after the court hearing yesterday en route to serve the jail term.

Ken Kuranchie

The Searchlight Managing Editor was found guilty of publishing a comment on the ongoing Presidential Election Petition that the nine-member panel presided over by Justice William Atuguba found to be contemptuous.

In a ‘Front page comment’ of June 27, 2013 issue of the Daily Searchlight, Mr. Kuranchie had raised a number issues about the court proceedings including the summoning of Sammy Awuku, a member of the NPP to the court and asked the justices to come clear.

In doing so according to the court, Mr. Kuranchie was said to have insinuated that the judges were ‘selective’ and ‘hypocritical’ in ordering people to appear before the panel since there were a lot of ‘loose talkers’ the court did not see or hear about.

In passing the sentence, Justice Atuguba said “We were left to no doubt that he –Ken Kuranchie - understood those parts of his publication which imputes deliberate selectivity and hypocrisy with regards to our remarks about DAILY GUIDE and Samuel Awuku’s sanctions.”

“Kenneth Kuranchie clearly states that Samuel Awuku was right in describing us as hypocritical and selective. .. a term Samuel Awuku himself retracted and apologized to this court. If this is not defiance of the authority of this court and the due administration of Justice, we do not know what else it can be.”

“We have no doubt that the said statement are made with intent by him to defy the authority of this court and the due administration of justice. Accordingly, we find him guilty of criminal contempt of this court.”

Stephen Atubiga

Stephen Atuguba

Mr. Atubiga, he reportedly stated on Asempa FM’s Ekosii Sen programme and subsequently on Boss FM in Kumasi that the ruling party will not sit aloof and watch the Supreme Court hand over power to the opposition NPP.

He had said even if the NPP wins the court case; it will be "a bitter-sweet victory" because "Ghana cannot contain all of us", and added that that the foot-soldiers of the NDC are prepared to protect the presidency to the peril of their lives.

He added that they will not allow President John Mahama to hand over power even if the Supreme Court rules in favour of the petitioners.

Mr. Atuguba who used some kind of exotic America accent showed remorse, as the court noted and rendered unqualified apology to the court and the whole country.

Justice Atuguba in sentencing him said “he had shown a lot of remorse having admitted his error readily and started his retractions before his appearance before this court.”

The judges said in spite of the apology, they were sentencing him for his utterances saying “Nonetheless, his utterances were very serious. They were intentionally made contemptuously.  Accordingly, we find him guilty of criminal contempt and sentence him to 3days imprisonment.”

Kwaku Boahen

The court left off the hook Kwaku Boahen, the Ashanti Regional Youth Organizer of the NDC after he was able to defend himself that the New Statesman newspaper had misquoted him.

Indeed, Mr. Boahen was able to explain to the court that the newspaper had wrongly quoted him and presented a copy of yesterday’s issue of the paper where the newspaper had retracted the said publication and apologized profusely to the NDC youth organizer.

“With regards to Kweku Boahen, it is clear that whatever he said fell outside the touchline drawn by the court. The court accordingly dismissed the summons against him,” the court declared.

Kuranchie’s Give-and-take

When Kenneth Kuranchie appeared, Atta Akyea, Yaw Owusu-Addo and Kofi Boakye announced themselves as representing him.

Jusitce Atuguba: Have you been served with this summons, do you understand its content and what is your position.

Kenneth Kuranchie: Yes my Lord.

Atta Akyea: ... What is happening this afternoon is for the consumption of the whole country. This is the first time that the proceedings of the honourable court are being heard even in the bedrooms of the citizens of this country. It has never happened before. The Supreme Court now is in the 10 region of this country and the citizens are feeding on what is happening here. My Lord commentaries will abune. It is very natural. Indeed if there were no commentaries, then we are having a cemetery experience. By all means, the citizens will comment on what is happening in this constitutional forum... I will crave your indulgence to have a very elastic heart in trying to understand where my client is coming from because some lawyers are even confused as to the distinction between reportage , factual accuracy and commentary. My Lord he posed a question that there is the necessity for this supreme court to come out with guidelines, that is my understanding of the entire thing that he wrote. So that you sensitize the system and prevent waywardness. There is no trace that Ken Kuranchie is trying to abuse this honourable court. As a matter of fact, he is not prejudging the matter before the Supreme Court.

Jusitce Atuguba: What is your response to the summons?

Kenneth Kuranchie: My Lord very respectfully i would like know what was read to me because i am suppose to respond to it.

Jusitce Atuguba: You have been in this court, you have seen what others have done... We are not saying admit it but clearly from what has gone on in respect of the other two, i don’t see what problem you have. Either you are saying you have done nothing wrong or you are saying you have done something wrong or whatever. This is our summons and once you have understood the contents, what is your response?

Kenneth Kuranchie:... the fact is that if i run into problems anywhere in this country my only option for defense, protection and for comfort is to come to the court. But your Lordships in this specific case, your Lordships have given a very wonderful ruling that this matter be telecast into every home. As i speak, millions of people are watching me.

Justice Sulley Gbadegbe: Did you write what was attributed to you?

Kenneth Kuranchie: Yes my Lord

Justice Sulley Gbadegbe: Are you aware that it is intended to bring the administration of justice into disrepute?

Kenneth Kuranchie: My Lord I can only servee to explain myself.

Justice Sulley Gbadegbe: Do you know what disrespecting the authority of the court means?

Kenneth Kuranchie: My Lord respectfully, i do not intend any disrespect but i engaged in a publication. I admit i wrote that publication. I seek to explain to your Lordship why that publication came about.

Justice Sulley Gbadegbe: Do you know what a charge sheet is? What is it? I think you are trying to take as for a ride. You want to be a hero where you can be a hero.

Kenneth Kuranchie: It is exactly the difficulty i have that you know that when you come to court, you are suppose to be fair to the fact, you have no right to misreport the fact. But this is what is happening in Ghana today. Before the court begins to sit, people sit on radio and when the camera are thrown into this court, people comment on all manner of things. They begin to guess what Lawyer Lithur will say or what Lawyer Tsatsu Tsikata will say or how Addison is going to reply.... The simply direction i was looking from your Lordship is that are we allowed to comment on the court’s decision  or not...

Justice Sulley Gbadegbe: And the commentary is that we are being hypocritical? Do you understand the word? Someone comes here admits that he was wrong and is given very mild correction and you are saying the court is hypocritical? The mere fact that many have spoken but we are not aware of it does not justify you attacking us and describing us as hypocritical. It undermines what we are doing here.How can hypocrites adjudge this matter.

At a point Justice Sulley Gbadegbe said that Mr. Kuranchie clearly understood what he was saying and did not need to apologise to the court if he felt it was not conditional before Mr. Kuranchie repeated that if his editorial was considered wrong then he was apologising for it.

Atta Akyea intervened again and said that it appeared that his client did not understand the cue being given by the judge but Justice Atuguba said for an editor of newspaper, he (Kuranchie) should understand that.

Atta Akyea said that there were things he obviously did not know and understand, including a charge sheet but Justice Atuguba again said “the witness must be allowed to express his opinion freely without any form of coercion.”

Ken Kuranchie comes again. He says "it seems" as though his editorial is causing some problems and he apologised.

Atta Akyea later in a carefully chosen words prays the court to be lenient in whatever decision they take against his client. He says his client has apologised for his comments and that must be taken into consideration.

Atubiga’s Give-and-take

After the court accepted the appeal from Atubiga’s council, he apologized to the whole court admitting that he should have been careful in choosing his words when he was on the radio stations.

“ My Lords I apologize for my irresponsible statements. I should have been a little bit careful in choosing my words. I humble apologize and I think it wil not happen again. Just for the records my Lord, i started apologising way before i even got the summons. I am responsible for actions, it was irresponsible of me and I am pleading with my Lords that if I’m given another chance, any platform that i get i will use that as a positive tool for my colleagues to put out there how we owe a responsibility of putting responsible comments out there. I’m pleading with your Lordship to tamper Justice with Mercy to give me a second chance in life and i promise i will put out good words and i will do want is right. There are no excuses for my action my Lords,” Stephen Atubiga prayed to the court.

Justice Jones Dotse: “Mr. Atubiga, you are speaking very good English and the good book tells us that ‘out of the abundance of the heart, the mouth speaks’ and I have heard statement and I’m surprised that a gentleman in suit like you will make those comments. I believe you are fairly well educated to know that we are not where by accident but we are here because the state has constituted us into the court and is not only an ordinary court but the supreme court of Ghana where everybody who has a dispute with his or her neighbour is entitled to come for adjudication and say that even if we make pronouncement,  you will not respect it. It is a recipe for disaster in this country and i am particularly happy you started apologising over the weekend meaning that you have realized the need or the realization that the statement were in bad taste.

The way you are couched in this court, I believe that all the politicians here will take a cue from this posture. It appears when you are on your radio and TV discussions, political party rallies, different blood levels flow through you and you made utterances which should have not been made in the first place.

So you all take a cue from the events of last week when Sammy Awuku was here and when Stephen Atubiga made his appearance before us.

I believe that we are not out to hound anybody but we only want sanity to prevail in the society. We all come from traditional areas where cases are pending before clan head or Odikros or chiefs and you make disparaging comments, some can fine you 24 bottles of schnapps or Castle Bridge and ram before you can even enter the place. We only give reverence to those who those who are in authority. You might be here one day if you are learned. We should all take a cue and guide and guard our words before we utter them.”

Justice Paul Baffoe- Bonnie: I want to ask you a few questions, what exactly did you say. I want to find out what you said because the people out there want to hear what you said.

Atubiga: My Lords, I have prayed to God that those words should never come out of my mouth any more.

Justice Baffoe- Bonnie: We have heard your apology.  Are you apologizing for uttering those words or you are apologizing because those words you can’t even carry them out?

Stephen Atubiga: My Lords, I am apologizing because I have acted irresponsibly. I am a father and a husband and I have to leave an example for my kids.

“My Lords, I do not think that we can in any way seek to justify what has gone on. It apparently occurred an exchange involving somebody else who has been before this court and I believe that it would be appropriate for your Lordships to give him the chance to express fully his apology and his withdrawal of these words before we say anything about them,” Tsatsu Tsikata pleaded.

Justice Baffoe- Bonnie: You don’t even have the guts to say that if we deliver any judgment you will not obey the orders we make. You can’t even say that. By the time you made those statements, what came into your head? Seriously if a mere you, we are trained down here sitting on a matter that touches on the governance of this country and a mere you stand out there and before your colleagues, tell the whole world that whatever decision comes out of this court, you will not obey them, now look at you. This is the court and whatever decision that comes out of this court binds everybody whether you like it or not you will have to obey them. Making those statements out there and it applies to everybody. You behaviour is now going to touch on the final outcome of this case. You are preparing the minds of people to either take the judgment that we give one way or the other.  But at the end of the day there will be a determination of the case so you will be leaving in a fool’s paradise to think that we are not going to give a decision one way or the other, it doesn’t matter where the axe falls and people like you cannot stop the court from giving a decision

Stephen Atubiga: My Lords that is true. I’m sorry my Lords

Justice Atuguba: if I got you rightly, the statement for which you are standing here were uttered in relation to the statement issued from this court that we would not allow politicians to tear this country apart am I right?

Stephen Atubiga: My Lords, I’m adding up that based on my colleague being dragged here and hearing the final touch warning, besides my party authorities and my parents and good friends all part of it, it is a whole lot of series that I started making the apology before the summon was issued my Lord.

Justice Atuguba: I’m not sure that I understand you anyway. You see if you say you are sorry it has to be tested because if the clear stand of this court is was you were reacting to and at that time, as you said you were not drunk and everything was fine and that was what you could say then that was real defiance isn’t it? You see one thing we have noticed is this, some of you politicians, you think you are too cleaver and very stubborn. I’m talking very frankly, some of you feel that you are courting executive power and that is paramount over all other powers, you can do all that you want and get away with it but the state has three arms of government. We are here vested with that authority to oversee the actions of everybody ansd the other two. But some feel that the executive wing is the most potent and therefore the others you don’t have to take them seriously. This slangs you are speaking, where did you learn them from?

Stephen Atubiga: My Lord I’m just a poor boy from Binduri. I’m not from any fancy family. But I have lived in the United States for 14yrs.

Justice Atuguba:  in the United States, you know the law works irrespective of anybody? You come back here with that experience and instead of trying help build your country in a better way, you just put it aside and you put on some hares not caring about the welfare of the nation. As a result of your stirring, when clashes erupt, none of you or children or anybody from your family is affected, the ordinary poor people die and lose their properties, you don’t care but we will care on their behalf. The constitution says the sovereignty of this country resides in the people of this country for whose welfare, the powers of government shall be exercised in accordance to the provisions of this constitution and it is the first provision of this constitution. We want to give full meaning and benefit of that to the people of this country. We don’t think that these words will just be put there for people to come and toy with, turn them around, tear them to shred and ride over everybody.

....from this type of attitude if conflict is about to erupt, you can easily go and burn a market using your expertise.

All lead counsels for both parties pleaded on behalf of Mr Atubiga and prayed to tamper justice with mercy.

In fact, during break, the same lead counsel had jointly held a news conference and warned the various party supporters to respect the judiciary, otherwise, they were not going to speak for anybody who fell foul to the on-going proceedings.

Boahen’s Give-and-take

Jusitce Atubuga: Have you heard the summons, you were served with it, they are clear to you? What do you say?

Boahen: My Lord, the publication is false…  I have never made such statements on any of the radio stations in Kumasi. On the said day I did not go to any radio station in Kumasi and the Manager of the said FM station is prepared to testify. For about two weeks, I have not been to Angel FM and I don’t understand why anybody will want to tarnish my image. My Lord with the greatest respect, I respect the supreme court and i know it is the highest court of the land. As a responsible citizen, i will never do anything to undermine authority and the supremacy of the court and i therefore appeal to your Lordship to investigate this matter thoroughly to bring the perpetuators to book. Statement also wrote in today’s paper that the publication was false and was misrepresented and they apologizing to me. Immediately the court passed the sentence, a team of policemen led by Superintendent Sylvester Boyuo handcuffed the two contemnors and waited for the court to issue the warrant before whisking them away in a police vehicle.