Prof. Michael Kpessa-Whyte, an associate professor at the University of Ghana and a prominent member of the National Democratic Congress (NDC), has benefited from the Supreme Court's mercy bench after being warned and expelled for contempt.
After dismissing Prof. Kpessa-Whyte, a five-member panel of the nation's top court stated that the remarks were unbecoming of a professor and recommended that he live a morally upright life because so many people looked up to him.
"We don't always realise how significant we are.
People look up to you since you are an opinion leader and a current associate professor; don't tempt them, Justice Prof. Joy Henrietta Mensa-Bonsu warned the contestant.
Guilty
Prof. Kpessa-Whyte, who mocked the Supreme Court's dignity, respect, and stature by calling it a "stupid court" in a message on the microblogging site Twitter, pleaded guilty Wednesday to scandalising the court, inciting hostility against the court, and scandalising the Supreme Court.
He first entered a not-guilty plea, then a guilty plea with justification, and ultimately a guilty plea.
Despite being found guilty based on his own admission, the court chose not to penalise him in light of his apologies and retractions of the offending remarks.
The Director of the Ghana School of Law, Barima Oppong Kodie alias Yaw Oppong, who was in the courtroom, and the convict's attorney, Dr. Justice Srem Sai, made a passionate case for compassion.
Mitigation
Dr. Sai begged the court to show pity to his client in his petition for mitigation, arguing that Prof. Kpessa-Whyte had atoned for his actions by retracting the offending tweet and sending an apology in its place.
"It is our humble prayer, and in all humility and sackcloth, we beg your Lordship's seat of justice for mercy and clemency."
We promise that such a terrible and unfortunate incident won't ever occur again.
Counsel stated that his client will now devote his time to protecting the highest court's and the whole judiciary's integrity.
On his side, Barima Oppong Kodie begged the court to show the contemnor some pity and balance justice with mercy.
Judgment
The court was of the considered opinion that while the Supreme Court and the whole Judiciary were not beyond criticism, it was crucial that such comments did not compromise the administration of justice when it delivered the decision that resulted in Prof. Kpessa-Whyte being cautioned.
justices must be critiqued honestly but not in a way that may turn them into targets of hatred or devalue the courts, Justice Mariama Owusu, who read the verdict, stated it in reference to the three high court justices who were brutally killed in 1982.
Justice Owusu presided over the panel, which also included Justices Avril Lovelace Johnson, Samuel Kwame Adibu Asiedu, Mensa-Bonsu, and George Kingsley Koomson.
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