Lawyers from the Urhobo and the Itsikiri tribes of Bendel in Nigeria are very much in demand because they are very good defence counsels. Through the magic of witty story-telling they swing judges� opinions in their clients� favour.
That a dose of humility and humour can do wonders in Ghana�s highest court too was amply demonstrated recently by Lawyer Ayikoi Otoo�s performance at the Supreme Court.
Speaking in a light-hearted manner, one would say that Ayikoi employed humour to spring Sir John and Hopeson, the New Patriotic Party (NPP) scribe and communication activist respectively out of jail.
Since it is claimed that some Gas can trace their lineage from Nigeria, one wonders if Ayikoi has some Urhobo or Itshikiri blood in him. Many young lawyers struggling to cut their teeth on a landmark case would like to know. But there could be a real hazard in deploying humour to soften the hearts of a Supreme Court tribunal. No copycat or rookie of a lawyer should attempt to imitate Ayikoi blindly.
Ayikoi must have done some research on the disposition of the nine judges. What is it that tickles them in the rib and what sticks a finger in their eyes? A joke uttered by an inexperienced counsel might turn out as an insult in the ears of an old judge. Monkeys, they say, must play by their sizes. Ayikoi exchanged the banter with peers. When he was Attorney-General of Ghana, some of the judges had not been elevated to the Supreme Court Bench. That fact is enough reason for deference to Ayikoi�s antics.
Storytelling in court is a tool that Mr Frazier employed extensively during his early days as a court- assisted mediator. He was fond of sharing Biblical stories with disputing parties. His favourite quotation was from Mathew 18: 15(NIV): �And if your brother sins against you, go and show him his fault�If he listens to you, you have won your brother over��
It worked well till he had a difficult case at the Accra Magistrate Court (Baiden Powell Memorial Hall). The case, property litigation between two siblings, had travelled from the Magistrate Court to the High Court but was sent back to the lower court for mediation. Contrary to expectation, the Biblical quotation rather annoyed one of the disputants. He flared up, �Are you here to counsel us or mediate a dispute? Who says I believe in the Bible?� Mr Frazier had to adjourn the case several times.
The take-home lesson is that unless you are an Urhobo or Itsikeri practising in a Nigerian Court, the Ayikoi magic does not always work for you.
Who is the man Ayikoi? Perhaps many Ghanaians know him better than Mr Frazier does. He can claim, however, that beyond seeing his pictures as a parliamentary candidate in 2004 and 2008, he had met him only once on a fine evening.
Ayikoi had come to Mr Frazier�s residence on the Spintex Road with his foot soldiers to introduce himself and canvass votes. His face looked exactly as what was on his campaign posters. But his height was deceitful. He was far shorter in person, a disparity that nearly provoked Mr Frazier�s sense of humour to blurt, �But you are an impostor. The candidate on the posters is much taller and bigger than you are. Look here. I will not give my vote to any candidate who wears shoe size 6.�
Mr Frazier checked himself. He thought it would have been unwise to start joking with a man whose likes and dislikes were unknown to him. Clearly, Ayikoi�s recent performance in court shows that he has had more luck in court than at the polls. But who knows? A third shot at the Krowor Parliamentary Seat might see him victorious. Maybe this time round, Mr Frazier might commit his vote to Ayikoi who has proven that he is a man who can dish out as much spice of banter and receive it back in the same measure.
Mr Frazier loves humour provided he knows who he is trading it with. In this period of �The Long Wait,� Ghanaians need a lot of humour but it is important testing the ambience of the environment before stripping off to take the plunge. Fatal mistakes might appear very innocuous on the onset.
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