Former President John Agyekum Kufuor has emphasized the importance of respecting the Supreme Court’s decisions, noting that the Ghanaian Constitution grants the court interpretative authority.
He urged citizens to accept the court’s interpretations and to engage in constructive discourse rather than criticism that could undermine democracy.
Speaking to the media on Sunday, November 17, Mr. Kufuor highlighted the principle of checks and balances within government institutions, while also calling for caution in public criticism of the judiciary.
“In the Fourth Republic, the Constitution is supreme, and the Supreme Court is empowered to interpret it. Once the court issues a ruling, it should be respected,” he stated. He also pointed out that the court does not seek out cases; rather, individuals bring issues before it.
His remarks come in response to backlash the Supreme Court faced for overturning a decision by the Speaker of Parliament that declared four parliamentary seats vacant.
Retired Supreme Court Justice William Atuguba criticized the court’s involvement, asserting that such matters should have been handled by the High Court. He expressed concerns over political partisanship influencing the judicial process.
On November 12, the Supreme Court, by a 5-2 majority, ruled in favor of a suit filed by Alexander Afenyo-Markin, with the dissenting justices arguing that the court lacked jurisdiction over the case.
This decision led to a parliamentary deadlock, as members of the National Democratic Congress (NDC) claimed the majority based on the Speaker’s ruling, prompting New Patriotic Party (NPP) MPs to boycott parliamentary proceedings.
The Supreme Court clarified that a parliamentary seat can only be vacated if a member switches political parties. It ruled that Speaker Alban Bagbin’s declaration of vacancy was unlawful, stating that simply filing to contest as an independent candidate in the upcoming elections does not constitute grounds for vacating a seat.
Justice Kwaku Adibu Asiedu concluded that the circumstances leading to the vacating of a parliamentary seat must affect the member’s status in the current session.
He argued that it is unconstitutional to declare seats vacant based solely on intentions for future elections.
Following this ruling, Parliament is expected to reconvene, with NDC MPs returning to their original status as the Minority.
