J. A. Sarbah writes: THE NEW REALITY: NPP Doctrine for Democratic Preservation
30, 10, 2025
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The Supreme Court’s unanimous dismissal of Adu Boahen's application today represents more than a legal ruling - it constitutes a judicial revolution. Five justices have not merely decided a case; they have ratified a new era of political justice in Ghana.
This transformation was premeditated. It follows the unprecedented appointment of 65 new judges by John Mahama - a strategic packing of the courts that has now culminated in a verdict suspending the law for political purposes. Where evidence and argument once stood as pillars of our legal system, raw political calculation now reigns. This verdict demonstrates conclusively that no member of the opposition can expect sanctuary in a court of law. The ruling is not an interpretation of the law - it is its suspension for political purposes.
This moment demands more than a new strategy; it requires a new political doctrine. The NPP stands at the precipice: we must either forge a path for democratic resistance or accept the systematic dismantling of our party through judicial means. The courtroom doors have not merely closed - they have been locked from the inside.
What follows is therefore not a political strategy, but a doctrine of democratic preservation. It recognises that when the halls of justice become instruments of injustice, the people themselves must become the final arbiters. The time for legal petition is past. The time for national mobilisation has arrived.
BEYOND THE DUSTY LAW: The NPP's Survival Imperative
I. THE STRATEGIC IMPERATIVE: A Two-Front Campaign
The NPP must recognise it is no longer engaged in legal defence but in hybrid conflict where the judicial system has been weaponised. To protect its members from politically engineered convictions, the party must pursue a disciplined, two-front campaign: the Legal-Resistance Front and the Democratic-Mobilisation Front. Relying solely on the "dusty text of the law" against an opponent manipulating the architecture of justice guarantees defeat.
II. FRONT ONE: LEGAL RESISTANCE - Fortifying Our Defence
Within courtrooms now functioning as political instruments, our objective is threefold: to defend, to delay, and to document.
1. Mount an Aggressive Procedural Challenge: File relentless motions for recusal, challenging the impartiality of judges assigned to politically sensitive cases, particularly those newly appointed. When facing one of these new judges, our conduct must be one of unwavering, respectful, and formal defiance - using every procedural tool to challenge their authority while meticulously documenting their every ruling for the historical record. Contest every procedural irregularity and question jurisdiction at every turn, turning each hearing into a public examination of judicial integrity.
2. Build a Meticulous Record for History: Preserve every ruling, every denial, and every questionable judgement with exacting detail. Construct an incontrovertible record of judicial bias and procedural abuse for future appeal to a restored, balanced bench.
III. FRONT TWO: DEMOCRATIC MOBILISATION – Winning the Nation
When courtrooms become instruments of oppression, the public square becomes the ultimate court of appeal. The government's tactic of using the Attorney-General's office to pronounce guilt via press conference must be met with overwhelming narrative force.
The Core Counter-Narrative: "The State is Not a Prosecutor; It is a Persecutor."
1. Deploy a Rapid Response & Truth Unit: For every A-G press conference, an NPP "Democracy Briefing" must follow within the same news cycle, issuing crisp fact-sheets that:
· Cite Article 19(2)(c) on presumption of innocence, framing the A-G's statements as constitutional breach
· Expose the motive: "This is not about justice; it is political extermination"
2. Seize the Initiative with "Democracy in Peril" Briefings: Proactively hold press conferences featuring respected lawyers and senior party figures, condemning both the ethical breaches and authoritarian strategy.
3. Master the Political Soundbite: Dominate public discourse with repeatable phrases:
· "When evidence is weak, propaganda must be strong"
· "They have the prosecutor's podium; we have the truth"
· "This isn't a legal process; it's a political purge"
4. Formalise the Grievance: Lodge formal complaints with the General Legal Council against the A-G for professional misconduct, demonstrating systematic challenge to abuse of power.
IV. THE SYNTHESIS: Integrated Democratic Resistance
The genius of this approach lies in its simultaneity. A legal motion becomes a press briefing headline. A judicial denial becomes campaign fuel. Public outrage becomes legal leverage. We create a virtuous cycle where each front amplifies the other, transforming individual legal battles into collective democratic awakening.
CONCLUSION
The government has chosen lawfare as its weapon of political destruction. Our response must be to wield democracy as our instrument of political liberation. By resisting within compromised courtrooms while mobilising in the court of public opinion, we do more than defend party members - we champion the fundamental principle that in a true democracy, the people remain the ultimate sovereign.
This is no longer politics as usual. It is democracy in emergency. And in such moments, extraordinary measures become democratic necessities. The path is charted. The time for action is now.
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