Former Special Prosecutor, Martin Amidu
Former Special Prosecutor, Martin Amidu, has urged the Speaker of Parliament, Alban Bagbin, to comply fully with the Supreme Court’s recent decision, which overturned his declaration of four parliamentary seats as vacant.
In a statement issued on October 31, he explained that the Speaker has a constitutional obligation to respect the Supreme Court as the final arbiter between the state and citizens.
Martin Amidu questioned why the Speaker, who oversaw the approval and appointment of Supreme Court justices, would now cast doubt on their competence or integrity based on previous political affiliations.
“I found it interesting that in Ghana, the Speaker of Parliament with a well-known political affiliation who presided over the approval of members of the Supreme Court and recommended them for appointment will turn round to question the competence or integrity of any of the justices merely on the grounds of former political party affiliation without further proof of real likelihood of bias after the assumption of office of the justice. It is one thing criticizing the nomination of a person to the Supreme Court so that Parliament may consider the criticism in the approval process and another thing after Parliament has in a bipartisan manner approved and recommended the person for appointment and the appointment has been consummated to allege bias in a pending case without any shred of evidence,” he stated.
He stressed that once appointments are finalised, “the sanctity of the institution of the judiciary demands that every citizen gives the appointees the presumption of impartiality until there is concrete proof to the contrary.”
He further criticised the Speaker’s decision to respond to the Supreme Court with a letter rather than through formal legal channels, calling it a “Kabuki dance.”
He indicated that the Speaker lacks the authority to disrupt governmental functions during an ongoing Supreme Court case, as such actions would challenge the principles of separation of powers and rule of law.
“The Speaker has no authority to hold the nation to ransom by obstructing the functioning of the constitutional system or any of the arms of government during the pendency of a constitutional matter before the Supreme Court. The Speaker and Parliament have to learn to accept the decisions and orders of the Supreme Court they co-created with the Executive branch for Ghanaians in this epoch of the nation’s history. The wheels of government must move smoothly while the judiciary exercises the judicial power apportioned to it under the Constitution to resolve the pending constitutional impasse,” he stated, adding that Bagbin should “file his Statement of Case as directed by the Court and let the Court resolve the controversy between the plaintiff and the defendants.”
Martin Amidu also called on both Parliament and the executive to reduce political tensions, prioritising national stability over partisan interests.
“Between now and 7 December 2024, it is imperative that everything is done by the legislature and the executive branch particularly to lower political tensions and to ensure free, fair, and transparent elections instead of resorting to political party gamesmanship and point scoring which can be disastrous for the general wellbeing of the citizen and the survival of the 1992 Constitution from which all the arms of government derive their powers. The Speaker needs to show cognitive maturity now! Parliaments and Governments may come and go, but the Republic of Ghana shall always endure,” he stated.
On October 31, the Supreme Court dismissed an application by the Speaker of Parliament, Alban Bagbin, to overturn its earlier decision, which had suspended his declaration of four parliamentary seats as vacant.
This dismissal followed a suit filed by Effutu MP, Alexander Kwamina Afenyo-Markin, challenging the Speaker’s declaration.
The Speaker’s legal team contended that the Supreme Court lacked jurisdiction; however, after reviewing all arguments, the Court upheld its initial decision, with the Chief Justice noting that “the grounds supporting the application have no merit.”
Read the full statement below:
JKB/AE
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