Ahmed writes: Peace, No Chaos, Please

Our political class must be careful in the way and manner they are acting chaotically in this our nascent democracy.

I will forever defend Democracy as the best, though not a perfect system of governance.

In a democracy, we have laws to govern our political, cultural, economic, religious, resources, communication, and other segments of our lives. It is the reason I cannot get up at any time to insult or defame you or kill anyone, the law does not allow you to act unlawfully or in a lawless manner.

Ghana has chosen this democratic pathway as the one we want to live with. Persons were chosen to draft our 1992 Constitution for us.

There was a public education to participate in the approval or otherwise of the Draft Constitution.

We went to the polls through a referendum to affirm the Constitution as the supreme law of our country.

Within the Democratic values we have decided to practice, we have chosen a hybrid system of governance where majority of our members of Parliament must come from Parliament.

We also chose multi-party style of democratic architecture, where there will be the existence of unlimited political parties in the country to practice their political activities. Religious, ethnic groups and all can practice their religious and traditional activities within the remit of the law.

Our Constitution has established the Executive, Legislature and The Judiciary as the key arms of the state with their separate roles, functions and powers.

Then we acknowledged that all our disputes civil, criminal, or constitutional should be settled by the Judiciary through the courts and the tribunals. Article 125 refers.

We then agreed that when one loses a matter at any stage, he or she has the right to file an appeal to a higher court.

Even when one loses at the Supreme Court, the person has the right to have the matter to be heard again in the form of a review. That is the process and the procedure of how the law works in our constitutional arrangement.

Now, with the current hullabaloo between the Judiciary and the Legislature. It is a simple issue that can be resolved without any antagonistic gymnastics.

The Constitution gives Parliament the mandate to make laws in accordance with the Constitution.

Parliament operates with the Constitution and the Standing Orders.

The standing orders only regulate the Parliament: its conduct, style, and power, and all must be within the remit of the Law.

In our sources of law. Under Article 11 of the 1992 Constitution, Standing Orders are aliens to our laws. They are not part of our laws. They only guide Parliament to perform its obligations within the corridors of the House Finito!

What the Rt Hon Speaker of Parliament did last Thursday was right in accordance with the Standing Orders of the House. As he interpreted the Standing Orders as he understood it.

But any citizen also has the right to ask the court to consider the decision of the Speaker if it was done within the remit of the law. Simple. No Chaos, no show of bravado.

Now, the apex court has decided to suspend, not annul the decision of the Speaker. The rules allow the Courts or the Supreme Court to stay execution until the full determination of the matter.

It must be stated that Ghana practices Constitutional Supremacy, not Parliamentary Supremacy. With the Constitutional Supremacy, the Supreme Law of the land, the 1992 Constitution overrides all other laws that are inconsistent with it. Also, all orders of the Supreme Court must be obeyed by every Dick, Tom, and Harry of our country. The President, Vice President, Speaker of Parliament, Chief Justice and all. Failure to obey the orders of the Courts especially the Supreme Court has its own consequences.

Article 2 (4) of the Constitution states that ” Failure to obey or carry out the terms of an order or direction made or given under clause (2) of this article constitutes a high crime under this Constitution and shall, in the case of the President or Vice President, constitute a ground for removal from office under this Constitution.’

My dear reader, kindly refer to article 99 of the Constitution. It tells you that it is even the High Court that can declare a seat in Parliament as vacant.

My literal interpretation states that the Speaker may refer it to the High Court for a determination to be the two principles of natural justice will be applied. Audi Alterum Partem (give a party a hearing) and Nemo Judex in causa sua (you cannot be a judge in your own cause).

To these self-seeking politicians, kindly respect the laws of our country and act within the laws that have given you the power to occupy your current and future positions.

You guys should stop the unconstitutional and unlawful acts that can lead to the destabilization of the country and its democratic culture.

Remember the worst victims will be you.

He who calls for chaos will suffer chaos, he who calls for peace will have it.

God is a Lawful God even in His creation.

The insults and the useless attacks on our constitutional bodies and persons must stop. It is nauseating to hurl insults on the President, Speaker, or Chief Justice because you disagree with his or her thoughts or decisions. It is a mark of immaturity. We can criticize them and proffer alternatives but not insult them. It is more sickening when lawyers are foolishly and wickedly leading in the attack and the indiscipline.

We applaud the Judiciary, and the courts if we are successful and insult and attack them because we have lost our battles in their conclave as arbiters. This is hypocrisy and nasty.

GH should not be chaotic because some disgruntled persons are not happy with the decisions of the court.

Appeals are always available for anyone not satisfied at a lower court.

GH is our only home.

The Speaker is on course and the Court is also on course.

One must obey the decision of the other as the Law prescribes.

No place for chaos.

We should have peace and common sense as our goal.

By Ahmed Osman Halid

The Servant