Current impasse between Supreme Court and Parliament unwarranted – Alan Kyerematen 

Mr Alan Kyerematen, Founder and Leader, Movement for Change (M4C), says the current impasse between the Supreme Court and Parliament is unwarranted, unjustifiable, unproductive, and unhealthy for the fledgling democracy. 

He said both the Supreme Court and Parliament must respect the Constitution and the Laws of Ghana. 

The Presidential Candidate for Alliance for Revolutionary Change (ARC) said this in a statement made available to the Ghana News Agency regarding the current issues surrounding the Supreme Court and the Parliament of Ghana. 

Mr Kyerematen said the concept of separation of powers and checks and balances between the various arms of Government were two sides of the same coin, and logically reinforced each other. 

He said this must provide the context for resolving the dispute between the Supreme Court and Parliament. 

Mr Kyerematen said the Supreme Court’s ruling on Alexander Afenyo-Markin’s application to overturn the Speaker’s decision about four Members of Parliament was unconstitutional and an abuse of the Court’s authority under Article 130(1). 

He said the Constitution of Ghana rightly so, entrusted to the Supreme Court the responsibility for interpreting provisions of the Constitution and against that background, he held a contrary view to the position adopted by the respected retired Justice of the Supreme Court, Justice Atuguba, that the Supreme Court should have declined jurisdiction in the matter under reference. 

He said Article 97 (1) (g) and (h) of the Constitution, could not be said to lack clarity, and therefore did not lend itself to an enquiry of interpretation by the Supreme Court. 

“Indeed, if there is no issue of interpretation, then the posture of the Supreme Court, in the matter under reference, raised serious questions about whether or not the Court was interfering in the work of Parliament,” he added. 

The Presidential Candidate for ARC said by the dictates of the Rule of Law, and Article 133 (1) of the Constitution of Ghana, any decision by the Supreme Court, could only be reviewed and varied by the Supreme Court itself. 

He said in that regard, individuals, Judicial and non-Judicial bodies, including Independent Constitutional Bodies (ICBs), and the various arms of Government, were all bound unconditionally, by the decisions of the Supreme Court. 

Mr Kyerematen said in cases where any party in the categories referred to above, was aggrieved by the decisions of the Supreme Court, the only recourse available to such a party, was to apply to the Supreme Court for a revision of its decision. 

“In light of the above, Parliament will be in breach of the Law, if it refuses to accept the ruling of the Supreme Court,” he added. 

He said against this background, Parliament took the right step, albeit belatedly, in filing an application for the review of the Supreme Court’s decision. 

The founder and leader M4C said however, the course of action and the associated remedies endorsed on the writ of application of Parliament, was unmeritorious and lacks judicial grounding. 

Mr Kyerematen said in light of all of the above, the Speaker of Parliament was right to declare the four seats vacant and issue a consequential order for the Minority Caucus in Parliament to be considered as the Majority Caucus in Parliament. 

“This order, however, can only be made by the Speaker of Parliament, if and only if, the Supreme Court makes a ruling in favour of Parliament in the determination of the substantive case currently before it,” he said. 

Mr Kyerematen said with barely four weeks to the Elections, it was critical for all parties and the citizenry, to work towards a resolution of this delicate matter, to ensure a peaceful path towards the 2024 Elections in December. 

Source: GNA 

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