Ansah Asare questions Supreme Court’s jurisdiction in political question

A prominent legal expert, Mr. Ansah Asare, has raised concerns over the Supreme Court’s decision to entertain a political question brought forward by the Majority Leader of Parliament, Mr. Alexander Afenyo-Markin.

The case in question relates to the interpretation of Article 97 of the 1992 Constitution, following a ruling by the Speaker of Parliament, Mr  Alban Bagbin, that three Members of Parliament (MPs) intending to run as independent candidates in the December 2024 elections should vacate their seats.

Additionally, the MP for Fomena, Andrew Asiamah, who was elected as an independent candidate, has filed to contest the 2024 parliamentary election under the New Patriotic Party (NPP) banner, further complicating the situation.

Speaking on Accra 100.5 FM’s “Citizen’s Show” hosted by Kwabena Bobie Ansah on Tuesday, October 22, Mr. Ansah Asare argued that the matter brought to the Supreme Court by the Majority Leader was inherently political and, therefore, should not have been entertained by the court.

He stated that the structure of the Supreme Court does not permit it to adjudicate political questions.

“The Supreme Court has no such authority, and it should not have entertained this matter in the first place,” he emphasized.

Mr. Ansah Asare expressed his disappointment with the court’s decision to grant a stay of execution on Speaker Bagbin’s ruling, which had declared the seats of the MPs vacant.

He argued that this issue should not have been taken to the Supreme Court at all, as it falls within the realm of politics.

He further criticized the judiciary, accusing the current government of undermining its independence through political appointments.

According to him, the regime has “bastardized” the judiciary by using appointments to influence its decisions, eroding public confidence in state institutions.

Mr. Ansah Asare also suggested a shift in the appointment process of the Chief Justice, recommending that the senior-most judge in the Supreme Court should automatically assume the role when a vacancy arises, rather than being appointed by the President.

This, he believes, would enhance the judiciary’s independence and restore public trust.

He drew an analogy, comparing the situation to an elder who tries to do everything themselves despite having subordinates to assist.

He noted that the President appears to be taking on too many responsibilities due to the vast executive powers he holds, which has contributed to rising tensions in the country.

Mr. Ansah Asare concluded by emphasizing the need for reforms to safeguard the independence of Ghana’s judiciary and state institutions, warning that failure to do so could further undermine the country’s democratic stability.

Source:classfmonline.com