6 times Supreme Court's rulings sparked controversy

You may have come across the term Unanimous FC on radio, TV, and social media, where it is often used as a blend of satire, critique, and commentary on Ghana’s Supreme Court rulings. The expression is notably applied when the apex court delivers unanimous decisions in high-profile political cases, especially when these judgments seem to reflect political or public controversy.

For instance, on Tuesday, November 12, 2024, Franklin Cudjoe, the Founding President and CEO of the IMANI Centre for Policy and Education, used the term in response to the Supreme Court's decision to overrule the Speaker of Parliament, Alban Bagbin’s declaration of four parliamentary seats as vacant. Cudjoe shared on his Facebook page: “5-2. Unanimous FC - 2 independent candidates. Same formula.”

Prominent political figures, including the leader of the opposition National Democratic Congress (NDC), former President John Dramani Mahama, and NDC Chairman Johnson Asiedu Nketiah, have also used the term to argue that President Akufo-Addo has polarised the judiciary since assuming office.

But how did Ghana’s apex court become synonymous with the term “Unanimous FC”? Here are five notable cases that are often referenced in this context:

1.June 25, 2020 – Voter Registration Cases

On June 25, 2020, a 7-member panel of the Supreme Court unanimously dismissed two separate lawsuits that sought to compel the Electoral Commission (EC) to accept the old voter ID card and birth certificates as valid documents for voter registration. One case was filed by the NDC, arguing for the continued use of the existing voter ID, while the other, filed by Mark Takyi-Benson, sought to include birth certificates as acceptable documentation. The panel ruled that the EC had the constitutional authority under Article 45 of the 1992 Constitution to compile the voter roll as it deemed fit.

2.December 30, 2020 – Election Petition

The controversy over the 2020 presidential election continued beyond December 7, with NDC flagbearer John Mahama filing a petition challenging the election results. After three months of prolonged legal battle, on March 4, 2021, the 7-member panel, chaired by then Chief Justice Kwasi Anin-Yeboah, unanimously dismissed Mahama’s petition. The court ruled that his claims of widespread electoral fraud were without merit and upheld President Akufo-Addo’s victory.

3.May 17, 2023 – James Gyakye Quayson Case

On May 17, 2023, a 7-member panel presided over by Justice Jones Dotse delivered a unanimous decision declaring the election of James Gyakye Quayson as Assin North MP unconstitutional. The court ruled that Quayson had not renounced his dual citizenship before filing to contest the elections, as required by Article 94(2)(a) of the 1992 Constitution. The court ordered Parliament to expunge Quayson’s name from its records as an MP.

4.May 31, 2023 – Auditor-General Forced Leave Case

On May 31, 2023, the Supreme Court delivered a unanimous judgment declaring President Akufo-Addo’s directive to Auditor-General Daniel Yaw Domelevo to take forced leave unconstitutional. The 7-member panel ruled that the President had violated the Constitution by ordering the forced leave without the proper legal authority. The case had been ongoing for three years, following a lawsuit filed by nine Civil Society Organisations challenging the President's decision.

5March 27, 2024 – Ministerial Reassignment Case

A prominent case emerged amid the heated debates surrounding Ghana’s Anti-Gay Bill (the Human Sexual Rights and Family Values Bill, 2024). On March 18, 2024, Rockson Nelson Dafeamekpor, the MP for South Dayi, filed a case challenging the constitutionality of President Akufo-Addo's decision to reassign five ministers without seeking approval from Parliament. On March 27, 2024, the Supreme Court, in a 5-member panel presided over by Chief Justice Gertrude Sackey Torkornoo, unanimously dismissed the case as frivolous and an abuse of the court process.

November 12, 2024 – Parliamentary Majority Dispute

The latest of the Supreme Court's rulings, which has triggered an ongoing debate was delivered on Tuesday, November 12. A seven-member Supreme Court panel, led by Chief Justice Gertrude Sackey Torkonoo, delivered a 5-2 majority decision on November 12, 2024, ruling that Speaker Alban Bagbin's declaration of four parliamentary seats as vacant was unconstitutional.

The case arose when Speaker Bagbin declared the seats for Suhum, Agona West, Amenfi Central, and Fomena vacant on October 17 due to the incumbents’ switches in party affiliation, temporarily shifting the majority to the opposition NDC with 136 MPs. In response, the NPP, led by Majority Leader Alexander Afenyo-Markin, challenged the declaration in court.

The Supreme Court subsequently issued a stay of execution on Bagbin’s ruling and, after reviewing further counter-motions, upheld the NPP’s position. This dispute over majority status had stalled Parliament’s proceedings, prompting Speaker Bagbin to adjourn sessions twice indefinitely to prevent disorder.

While some see these decisions as reinforcing the rule of law and the strength of Ghana's judiciary, others use the term Unanimous FC to critique what they perceive as political alignment or a lack of independent judgement in the court’s rulings.

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