The Seeming Executive-Judiciary Collussion against Parliamentary Independence in Ghana: Far fetched or Real?

The Struggle for Parliamentary Independence

On paper, Ghana’s Constitution provides a framework for the Legislature to operate independently, with Parliament holding significant powers such as law-making, oversight of the Executive, and approving key appointments. However, in practice, the influence of the Executive has often overshadowed the Legislature, particularly when it comes to the ability to check executive power and ensure accountability.

The fact that the current Speaker of Parliament is from the opposition party (the National Democratic Congress, NDC) rather than the governing New Patriotic Party (NPP) is a historic shift and underscores the challenges faced by the legislature. The Speaker, being from the opposition, adds a layer of independence to the legislative process that some may see as disruptive to the executive’s agenda, but it also strengthens Parliament’s role as a check on executive power.
However, this independence can also make the Executive more reliant on the Judiciary to navigate disputes, thus influencing how Parliament functions. The balance of power between the branches becomes precarious when the Executive, rather than respecting the authority of Parliament, seeks to undermine it by leveraging the Judiciary. This creates a situation where Parliament can appear to be sidelined or even rendered ineffective in carrying out its constitutional duties.

The Role of the Judiciary in Parliamentary Affairs

The controversy over the vacant seats in Parliament and the Supreme Court’s involvement highlights a concerning trend. The interpretation of Article 97(1)(g) and (h) of the Constitution, which concerns the circumstances under which a seat in Parliament becomes vacant, became a flashpoint for tensions between the different arms of government.

The involvement of the Judiciary in such matters, while constitutionally justified, can sometimes be perceived as undermining Parliament’s authority. In this case, the Court’s ruling may have served the purpose of resolving legal ambiguity, but it also raises questions about whether such interventions are necessary or whether they serve to bypass the legislative process. If the Judiciary continually steps in to resolve issues traditionally handled by Parliament, it may diminish Parliament’s role as the primary institution for resolving political disputes and making decisions about the structure of the government.
Additionally, the perception that the Executive and Judiciary are working in tandem to weaken Parliament can foster distrust among the public. The independence of the judiciary is critical, but when decisions seem to favor the executive or undermine the authority of the legislature, it can reinforce the perception of collusion between the two branches of government, especially when the judicial decisions impact the legislature’s ability to function.

The Political Context and Implications

The 8th Parliament is notable for its political polarization, with no clear majority party after the 2020 elections, and this fragmentation has led to more contentious parliamentary proceedings. When the Speaker is from the opposition party, it becomes more difficult for the Executive to push through its agenda without negotiation or compromise, which could explain the increased tension. The checks and balances that are supposed to exist between the branches of government become more complicated when one branch—Parliament—becomes more resistant to the Executive.
This also creates a situation where the Executive may seek to bypass Parliament by pushing controversial decisions through the Judiciary or by using other avenues to assert control. The perception of collusion between the Judiciary and the Executive becomes more pronounced when such actions seem to weaken Parliament’s role in decision-making.

Conclusion

In sum, while the Constitution of Ghana creates a framework for a clear separation of powers, the practical realities of Ghana’s political system, particularly in the 8th Parliament, demonstrate that Parliament is struggling to assert its independence. The current tensions—especially the involvement of the Judiciary in interpreting critical constitutional issues like the vacant seats—have brought to the fore concerns about the collusion between the Executive and Judiciary to limit the power of the Legislature. This situation not only weakens Parliament but also undermines public trust in the democratic institutions of the country. If Parliament is to fulfill its constitutional mandate and serve as a meaningful check on the Executive, it will need to navigate these challenges carefully, ensuring that its independence is preserved and that the separation of powers is respected.

By Clement Akoloh

About the author
Clement Akoloh is the Communications Officer for the Parliamentary Network Africa (PNAfrica). He is also the Managing Editor of parliamentnews360.com africanewsradio.com. He is a long standing member of the Parliamentary Press Corps of Ghana.