Tony Lithur, counsel for president Mahama drew negative attention from the panel of judges after flinging off exhibits he was to inspect in the full glare of the court.
The incident happened on the blind side of the cameras telecasting the election petition but it did not escape the notice of counsel for the petitioners Philip Addison, the panel of judges and the audience.
The document was part of the “Further and Better particulars”, provided by the petitioners to all the parties in Court. Philip Addison had asked Asiedu Nketia, witness for the President and the NDC to identify it.
Before it could get to Asiedu Nketia, it had to be inspected by counsels for respondents. But when it got to Tony Lithur's table he unenthusiastically threw off the document to the next table.
This drew disapproving murmurings in court and soon drew criticism from the bench.
Philip Addison drew the first blood, “My Lord this is a man who talks about respect in the Supreme Court”.
Lithur attempted a justification.
He said as far as Further and Better Particulars was concerned “the matter has already been ruled on by this Court about what [are] the legal effect of the further and better particulars; they are pleadings and the attempt to tender them was rejected earlier”.
He fumed “I don’t know what kind of response he expects” in tendering this document
A judge would not have this. "To throw the docket away was wrong”, he chided.
This was “condemnable” behavior and “an affront to the court…you know your behaviour is toward the Court, you should know that”, the judge shot at him.
The judge was not alone in his condemnation. Presiding judge William Atuguba shared his concern and managed to put in a light-hearted comment.
“It’s on the high seas that when ships are in trouble that they start jettisoning cargo.. jettisoning of cargo is not something to be done at the bar,” he jested.