Independent Presidential Candidate Alan Kyerematen has condemned the ongoing conflict between the Supreme Court and Parliament, labeling it “unwarranted, unjustifiable, unproductive, and detrimental to our fledgling democracy.”
In a media address on Thursday, October 31, Kyerematen, who is also a lawyer, stressed the importance of both institutions adhering to constitutional boundaries and respecting the nation’s laws.
Kyerematen criticized the Supreme Court’s recent ruling on an application from NPP Caucus leader Hon. Alexander Afenyo-Markin, which aimed to reverse the Speaker of Parliament’s position regarding the status of four Members of Parliament. He argued that this ruling was unconstitutional and represented an overreach of authority.
While acknowledging the Supreme Court’s power to interpret the Constitution, he asserted that this power should not be exercised arbitrarily, particularly in sensitive situations that could affect national stability.
He stated, “Article 97 (1) (g) and (h) of the Constitution are clear and impose a duty on the Speaker of Parliament to declare vacant the seat of any Member who changes their party affiliation or becomes independent.”
Kyerematen highlighted that there should be no ambiguity in these provisions, which do not necessitate interpretation by the Supreme Court.
He remarked, “The Supreme Court’s mandate to interpret constitutional provisions should not be applied arbitrarily, especially in sensitive matters that could undermine the rule of law and the principle of Separation of Powers.”
Kyerematen further noted that Parliament is bound by Article 133 (1) of the Constitution, which requires all government branches, including the Legislature, to adhere to Supreme Court decisions. He emphasized that any refusal to comply with the court’s decisions constitutes a legal breach.
“Even if Parliament believes the Supreme Court’s ruling is incorrect, it must follow the court’s orders and pursue a judicial resolution.”
While he commended Parliament for seeking judicial review, Kyerematen criticized its assertion of being a “Master of Its own Rules,” stating that this undermines the checks and balances essential to governance.
With the General Elections approaching, Kyerematen warned that an unresolved conflict between the Judiciary and Legislature could threaten national stability.
He urged all parties the Judiciary, Legislature, Executive, and Ghanaian citizens to work together towards a resolution to ensure a peaceful electoral process in December.
He concluded his remarks with a call for prioritizing national welfare over institutional power struggles, expressing hope for a commitment to uphold Ghana’s democratic principles during this critical time.
