21/10/2024
THE SUPREME COURT SHOULD STOP INTERFERING IN PARLIAMENTARY AFFAIRS TO MAINTAIN THE POWER SEPARATION PRINCIPLE
The recent ruling by Ghana's Speaker of Parliament to declare four seats vacant has sparked intense debate and outrage, especially after the Supreme Court (SC or the Court) intervened, trying to interpret the unambiguous provisions in the 1992 Constitution of Ghana by nullifying the Speaker's decision with an interlocutory injunction. The Speaker's ruling was a significant move, as it shifted the balance of power in Parliament, making the former majority the minority and vice versa.
This dramatic turn of events has raised concerns about the Supreme Court's perceived partisan interference in parliamentary affairs. I am particularly concerned about the SC’s ruling because its decision has made it difficult for me to accept due to its partisan nature, undermining its impartiality and authority.
According to some constitutional law experts, the SC’s ruling establishes a dangerous precedent, encouraging political interference in judicial decisions. The Court has no jurisdiction over this matter and should have recused itself from this matter to maintain the principle of separation of power.
As rightly pointed out, the Supreme Court's actions may have far-reaching implications for the country's democracy. If the Court is seen as being overly partisan, it risks eroding public trust and undermining its own authority. Again, such decisions may encourage successive governments to consider constitutional amendments to limit the Court's powers. For instance, if the Supreme Court's decision demonstrates their bias towards one political group, then the next government may decide to clamp down their claws by making their decisions suggestive, instead of binding. This could happen through constitutional amendments.
Moreover, the Supreme Court must respect precedents as it serves as a point of reference and authority, and adhere to the principles of the 1992 Constitution, which aims to regulate public officers' conduct, ensure conformity, and maintain peace and tranquillity.
The Court must guard against being used as a political tool and ensure its decisions are guided solely by the Constitution. Many experts have indicated that the provisions of Article 97 (1) of the 1992 Constitution upon which the Hon. Speaker based his current ruling are unambiguously stated and that the Speaker did not err in declaring 4 vacant seats in parliament.
Finally, the Supreme Court must prioritize impartiality, and major public opinions to uphold the Constitution to maintain public trust, as many people are in favour of the Honorable Speaker of Parliament’s ruling aligns with the Constitution and the principles of democracy. Ghana's institutions must work together to strengthen democracy, rather than undermine it.
God bless our homeland Ghana... and help us to resist the oppressor's rule.
Let us build Ghana together devoid of unnecessary political cronyism.
Thanks for reading.
Selorm Kwashigah
Good Governance
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