Lecturer at the University of Ghana and member of the National Democratic Congress (NDC) Prof. Michael Kpessah-Whyte has been cautioned and discharged by the Supreme Court for contempt.
This was after he was convicted on his own guilty plea to the charge before a five member-panel of the Supreme Court presided over by Justice Mariama Owusu.
The apex court panel in their decision say, they have taken into consideration the apologies issued, the plea for mitigations from his lawyers.
Some Members of the panel advised him to be of good behavior.
On May 19, two days after the Supreme Court had delivered its judgement in the case involving James Gyakye Quayson’s eligibility as a Parliamentary, the lecturer is said to have scandalized the court and was summoned.
The apex court summons said his comments were contemptuous because it scandalized, rediculed and prejudiced the court.
According to EIB Network’s Legal Affairs Correspondent, Murtala Inusah, the panel of five which also includes Justice Justice Lovelace Avril Johnson, Justice Prof.Henrietta Mensa-Bonsu,
Justice Samuel Asiedu and Justice George Kingsley Koomson.
Mitigation
His lawyers led by Dr. Justice Srem-Sai in their mitigation said the contemnor has issued already issued an apology and further publications in the Ghanaian Times.
While praying the Lordships for plea of mercy, Counsel said, “We will ensure such a sad and regrettable occurrence will not ever happened again.”
Dr Srem Said also prayed that, “the contemnor and all will commit to defending the integrity of this honorable court, your lordship Integrity and integrity of the entire judiciary.”
Subject matter
Prof Michael Kpessa Whyte was cited for contempt by the Supreme Court after a series of tweets he posted.
The summons issued alleged that he posted that; “The highest Court of the Land has been turned into a ‘Stupid Court’.
“They have succeeded in turning a Supreme Court into a Stupid Court. Common – sense is now a scarce commodity.
“A major element in the death of democracies is partisanship in the delivery of justice.
“Our judges need lessons in political philosophy and ethics,” the summons alleged.
Apology
I sent out a tweet on May 19, 2023 at 9:59am, that shared my reflections on insights from a book by David A. Kaplan (2018) The Most Dangerous Branch: Inside the Supreme Court’s Assault on the Constitution, and recent attempt by some Democrats in the US to increase the number of Justices at the Apex Court from nine to thirteen.
I have observed that Ghanaweb and other media publications sought to associated my tweet with decision of the Supreme Court in Assin North matter as stated on the face of the Summons to show cause, but honestly at the time of my tweet, I had no knowledge of the Supreme Court’s decision as at 9: 59am when I did the tweet.
The said tweet has resulted in the invocation of the powers of Apex Court in our country for me to appear and show cause, because the tweet has scandalized the Apex Court of our land and has brought the dignity of the court into disrepute.
Sincerely, the tweet was not done with the intent to scandalize, or denigrate a revered institution such as the Supreme Court of Ghana for which I have tremendous amount of respect and admiration.
These are consequences I never intended, although I do accept responsibility that, I could have exercised better judgment in my choice of words.
Please permit me to state unequivocally that I have no reason to slander our Supreme Court, and I hereby sincerely apologize unreservedly for any pain and discomfort my tweets may have caused the Chief Justice, the Supreme Court and the entire judiciary.
I hereby retract the tweet in question; accordingly, the tweet has been deleted completely and I pray for forgiveness.
Thank you.
Signed
Prof. Michael Kpessa-Whyte
25-05-2023 @ 9:30am
