Source: Onuaonline.com
A senior lecturer of public law at the University of Ghana School of Law, Legon, Dr. Justice Srem-Sai, has condemned the Supreme Court’s decision to stay the ruling of the Speaker of Parliament on the declaration of some seats vacant.
He says the orders of the Supreme Court suggests there is an arm of government that is more powerful than the others, which ideally shouldn’t be so.
Citing the roots of Ghana’s system of governance from the American system, he said the motive was not to grant the entire powers of the state to one arm of government but should rather be shared equally amongst the three arms.
Speaking on the KeyPoints on TV3 Saturday, October 26, 2024, he clarified that all the three arms of government are supposed to be equal from the etymology of Ghana’s type of democracy.
He argued that allowing the Supreme Court to ask for stay of execution in Parliamentary business suggests the Legislature is being subverted under the other arms of government.
He says for the Separation of Powers to be put in a better perspective, “when they (America) gained independence from Britain, they decided that they are not going to run the British system of government. They are going to create three separate arms of government, and that no one person can belong to more than one, and that the three arms are going to be equal. So that is the paramount thing, that the three arms are equal.”
“You cannot run an effective government system if one of the arms of government becomes the headmaster for the rest,” he stated.
“It appears, and I think it has been consistent within the past few years, that when a parliamentary proceeding is ongoing, some way, somehow, the matter gets before the court, and the court makes orders to suggest that what is actually going on should stay pending the determination of the court,” Dr. Srem Sai added.
He advised against setting a precedence that will undermine the Separation of Powers of the arms of government.
“Then we’ll choose the one that will probably uphold separation of powers better. If we carry on this way, and that anytime there is an ongoing deliberation in parliament, and then someone goes to court, it could be a Member of Parliament, it could be an ordinary citizen, goes to court, and the court will say, stay pending the determination of the matter. Eventually, what we are trying to say is that the courts can now stop parliament from doing whatever it wants to do at any time, because someone has filed a suit,” he cautioned.
The discussion follows a ruling by the Speaker of Parliament Thursday, October 17, 2024, where some four seats were declared vacant. The declaration, subsequently reduced the membership of the governing NPP, who were then Majority to 135, with the opposition NDC, who were the Minority, remaining with 136 members to assume the Majority position.
The ruling, which was sent to court by the leader of the NPP MPs, Alexander Afenyo-Markin, was stayed by the Supreme Court bringing controversy as to who is now Majority and Minority in the House.
After failing to attain quorum at sitting on Tuesday, October 22, the House was adjourned indefinitely by the Speaker.
Meanwhile, the NPP Members in Parliament have initiated processes for the House to be recalled. A citizen, has also gone to court to stop the Speaker from recalling the House.
Source: www.onuaonline.com
