Former Director of the Ghana School of Law, Kwaku Ansa-Asare
A former Director of the Ghana School of Law, Kwaku Ansa-Asare, has criticised the Chief Justice’s decision to empanel Justice Ernest Yao Gaewu to hear the case on the declaration of four vacant seats in Parliament.
In a recent interview on TV3, he argued that Gertrude Torkonoo erred in empanelling the Supreme Court Judge to hear the matter.
“This is not the first time we are having a known political activisit mounting the bench. We have had it since independence, since 1957. But specifically on Justice Gaewu’s empanelling, I would have thought since at his vetting this issue of his parlimentary candidacy arose and was debated on the floor of Parliament, with the greatest of respect, the Chief Justice erred in empanelling him.
“The Justice himself could have done the needful by recusing himself but, you see, our known political and judicial culture is that it is very difficult for public office holders to accept truth and just exit.”
He further noted “You know it is not in our culture to do that. For as long as we have precedence it will continue. But then it is up to individual justices of the superior court of judicature to be realistic on an occasion and just decline the Chief Justice’s invitation to be empaneled. This will save the nation the shame that we are undergoing now.”
He argued that Parliament’s legal team should not have been solely responsible for defending the Speaker under Article 88 of the Constitution and expressed frustration at the Supreme Court’s ruling.
“The jurisdiction of the Supreme Court was not well invoked. I have a copy of the ruling in front of me. The Chief Justice is saying that the moment the Speaker declared his ruling, the Supreme Court was invoked.
“With the greatest respect, the Supreme Court’s jurisdiction is not invoked on the floor of Parliament. The Supreme Court is properly invoked when both parties are physically present infront of the court or when they have voluntarily submitted to the jurisdiction of the court,” he noted.
He warned that the court’s involvement could keep Parliament closed until the next session on January 7, 2025.
“What is the effect of the drama that is unfolding? For as long as this political and judicial tangle persists, Parliament may remain closed. Until the next Parliament assembles on January 7, 2025.
“Is that what we want? This is not what we want. What we want is a functioning Parliament addressing the political and socio-economic challenges confronting the team before the forth coming crucial elections. We have to understand that there are six pressing bills to be considered. They are being put in limbo. What we need to discuss at this stage is not whether the Supreme Court’s decision is right or wrong,” he added.
On Wednesday, October 30, 2024, the Speaker of Parliament‘s lawyer, Thaddeus Sory, argued that Justice Ernest Yao Gaewu should not preside over the case because he previously contested a parliamentary election on the ticket of the New Patriotic Party (NPP) in the Volta Region.
In overruling the objection, the five-member panel, presided over by the Chief Justice, Justice Gertrude Torkornoo, held that recusing a judge on such grounds will not advance the administration of justice.
The court held that the current matter was a subject of constitutional dispute and not that of political parties.
JKB/ ADG
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