Political Science Lecturer with the University of Ghana, Professor Ransford is suggesting that embattled Assin North MP, James Gyakye Quayson is allowed to represent his constituents at all times.
He emphasized the need for the court to make room for the MP to be in Parliament without any obstruction.
In a statement, Professor Gyampo said, “Gyakye Quayson MUST be in Parliament at all times to represent his people. Any court judgement that is not tailored to respect this elementary principle of democratic representation, would bring an unnecessary confrontation between the Legislature and the Judiciary”.
He opined that the case be resolved in a manner devoid of government interference.
“So, let the Gyakye-Quayson matter be resolved in a manner that assures rule of law and ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government,” Professor Gyampo further suggested.
Lawyers for the embattled MP moved an application for the court to stay proceedings to allow for the Court of Appeal to hear its appeal to review a decision by the trial judge to hear the case on a daily basis.
But a High Court in Accra dismissed the application.
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The MP is undergoing trial at the High Court in Accra on charges of forgery and perjury.
Read below a statement issued by Professor Gyampo
Gyakye-Quayson MUST be in Parliament at all times to represent his people. Any court judgement that is not tailored to respect this elementary principle of democratic representation, would bring an unnecessary confrontation between the Legislature and the Judiciary.
This potential confrontation, if not anticipated by wise people and prevented through dialogue, may eventually result in some defiances, lawlessness through the flexing of muscles and governmental ungovernability.
The signs of these are becoming clearer by the day. For instance in the recent case of Ezuame Mannan Vs Attorney General, the Supreme Court shot down article 42 of the Narcotics Control Commission Act as being unconstitutional.
But just days ago, an amendment to the Act which achieves the same effect the Supreme Court frowned upon, has been introduced. So it is possible that the Judiciary may rule but the Legislature may also act in defiance in a manner that may point to muscle flexes and lawlessness.
By the dogmas of A.V. Dicey’s conception of Checks and Balances, it must be noted that the Executive arm of Government, particularly in a regime of a Hung Parliament, cannot be superior to the Legislature. The Judicial arm of Government is also not superior to the Legislature and the Legislature is itself also not superior to the two other arms of government.
These three organs of government have coexisted and the earlier we act swiftly to prevent their peaceful coexistence from degenerating into naked muscle flexing and power play, the better it would be for all of us.
So, let the Gyakye-Quayson matter be resolved in a manner that assures rule of law and ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government.
Yaw Gyampo
A31, Prabiw
PAV Ansah Street
Saltpond
&
Suro Nipa House
Kubease
Larteh-Akuapim
