A renowned private legal practitioner and law lecturer, Dr. Justice Srem-Sai, has expressed deep concern about the role of the Supreme Court in interpreting and enforcing the constitution.
He contended that the court’s jurisdiction is limited to addressing constitutional violations with direct orders, rather than providing general declarations.
“The Supreme Court is not a dictionary where you go for explanations. There must be a violation of the constitution itself. The court doesn’t have the jurisdiction to make a declaration and leave it at that — there must be a direct order, which is missing in this case,” Dr. Srem-Sai stated.
This was contained in a post shared on X by CITI FM 97.3 on November 16, 2024.
He further stated, “We have been making a general error in saying that once the Supreme Court has jurisdiction to interpret the constitution, then no matter how it happens, it has to. But that is not what the authorities tell us. The authorities have told us way back from 1970 when Gbedemah was decided through Adusei, J.H Mensah and all the other cases, that there are situations where the constitution carves out a part of the enforcement of the constitution to other courts.”
His statement stems from the growing controversies regarding the Supreme Court’s ruling concerning the issue of the declaration of vacant seats in Parliament by the Speaker of Parliament, Alban Bagbin.
Background
The controversy arose after the Supreme Court stayed the Speaker’s decision to declare four seats vacant.
This decision followed actions by the affected MPs, who had decided to “cross the carpet” by filing to contest the December 7, 2024, parliamentary elections in different capacities—either as independents or on other political party tickets.
This move diverged from the grounds on which these MPs were originally elected to Parliament.
The seats affected include those held by Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Andrew Amoako Asiamah (Fomena), and Peter Kwakye Ackah (Amenfi Central).
The dispute has also led to a standoff between the two sides of Parliament over which party holds the majority.
While the Supreme Court’s ruling places the NDC in the minority, the Speaker’s decision positions the NPP in the minority.
The core contention in this case centers on whether the Supreme Court has the authority to overrule parliamentary decisions.
Read post below:
‘The Supreme Court is not a dictionary where you go for explanations. There must be a violation of the constitution itself. The Court doesn’t have the jurisdiction to make a declaration and leave it at that—there must be a direct order, which is missing in this case,’ says Dr.… pic.twitter.com/pVyC6teUb4
— CITI FM 97.3 (@Citi973) November 16, 2024
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