Ghana’s democracy caught up in Game of Thrones

..As MPs and Supreme Court Judges tussle over rule of law

Ghana’s political scene is embroiled in a fierce power struggle between critical state organs after Speaker of Parliament, Alban Bagbin, declared four parliamentary seats vacant last Thursday.

The move, however, was swiftly countered by a stay of execution issued last Friday by the Supreme Court, led by Chief Justice Gertrude Sackey Torkornoo, following an application filed by Majority Leader, Alexander Afenyo-Markin.

While Speaker Bagbin, a member of the opposition National Democratic Congress (NDC), faces accusations of serving his party’s interests, the governing New Patriotic Party (NPP) has also come under fire, for allegedly relying on the Supreme Court justices appointed by President Nana Akufo-Addo, to overturn the Speaker’s ruling.

Justice Ernest Yao Gaewo, a former NPP parliamentary aspirant for the Ho West Constituency in the Volta Region, was among those involved in the decision to issue the stay.

What began as a test of the country’s democratic maturity and rule of law, has evolved into a constitutional crisis between Parliament and the judiciary, sparking concerns that chaos may erupt in Parliament tomorrow, Tuesday, October 21, 2024.

The Supreme Court’s stay of execution challenges Bagbin’s decision, which was based on a precedent set by former Speaker of Parliament, Prof. Aaron Mike Oquaye in 2020 against Andrew Asiamah (Fomena).

Orders have been given to the Marshall of Parliament to bar the four affected MPs—Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena)—from accessing the floor of the House, as they are no longer recognized as legislators under Article 97(1)(g) of the 1992 Constitution.

In response, the Minority Chief Whip, Obed Agbodza, expressed his frustration on X (formerly Twitter), writing, “The Supreme Court may have to come to Parliament to enforce the BIZARRE RULING.”

Meanwhile, the NDC’s Director of Communications, Sammy Gyamfi, also took to X, stating, “It is time for positive defiance! Enough is enough.”

Opinions are divided outside Parliament as well. Legal practitioner, Martin Kpebu, suggested that military personnel should be deployed in Parliament on Tuesday, October 22, 2024, to prevent any potential chaos.

Adding fuel to the fire, both NDC and NPP presidential candidates, John Dramani Mahama and Mahamudu Bawumia, have exchanged barbs over the issue.

Former President Mahama, expressed excitement over the Speaker’s ruling, viewing it as a positive sign for the NDC’s prospects in the upcoming December 7 elections. “God is even showing a sign of what is going to happen… the NDC, has become the majority,” he said, but cautioned that the party must secure victory at the polls to solidify its position.

In contrast, Vice President Dr Bawumia, mocked the NDC’s brief parliamentary majority at a rally in Nkawkaw, saying, “They got the majority for just 24 hours… The shortest living majority that I know of in history.”

The legal tug-of-war, has also prompted commentary from prominent lawyers. Kwame Akuffo, raised concerns over the Supreme Court’s approach to the stay of execution filed by Afenyo-Markin.

He criticized the court’s decision, stating, “The Supreme Court must always ensure consistent application in the principles of law,” and argued that seeking a stay of execution in this case was procedurally flawed, as the Speaker’s order was not a court judgment or ruling.

“The Supreme Court must always ensure consistent application in the principles of law.

“Its approach to the application for stay of execution by Alex Markin in the vacant seats saga is most confusing.

The first problem is the nature of the application which was sought. A party cannot seek an application for a stay of execution in respect of a matter which is not a judgment or a Court order. The speaker’s order is not of such. In any case, it is absurd to seek a stay of execution in a case in which the Court has not made any orders.

“The second point and the most fundamental one is that the cause of action for which the applicant went to Court had long been superseded by the conduct of the speaker who had declared the seats vacant. The action was filed at a time when the seats were yet to be declared vacant. At the date of the hearing, the application was not in sync with the writ before the Court.

“It is important to note that the speaker’s conduct by which he declared the seats vacant created a new cause of action

The applicant. has not amended the writ to fit the new facts in the application. The grant of the application was thus a merger of the new facts in the old cause of action. You cannot put new wine in an old wine sack. It cannot hold.

“Under the circumstances, the Court was procedurally wrong in many ways. And then again, the court’s assumption of jurisdiction in the face of Article 99, leaves a lot of unanswered questions.

Martin Kpebu, appearing on Key Points on TV3, questioned the Supreme Court’s credibility, saying, “The Supreme Court is giving people reason to believe that it is now a political organization. The military, may have to be sent to Parliament on Tuesday.”

On the other side, former Attorney General, Nii Ayikoi Otoo, criticized the NDC MPs, claiming their lack of strategy and public statements allowed the NPP to preempt their moves.

He advised the NDC to be more discreet, pointing out that, their public discussions allowed the NPP to act quickly by taking the matter to court.

Referencing former Minority Leader, Haruna Iddrisu’s statement in Tamale ahead of his motion seeking to have the seats declared vacant after they opted to contest the upcoming elections as independent candidates, Ayikoi Otoo, noted that instead of quietly handling the matter within Parliament, the NDC, chose to air their plans on media platforms.

He explained that by openly discussing their strategy to remove the four MPs, the NDC alerted the NPP, allowing them to respond in time, including taking the matter to court, and argued that the NDC “shot themselves in the foot” by speaking too much and inadvertently alarming the NPP, which led to swift action by the Majority.

In an interview with Accra-based Citi FM, Mr Ayikoi Otoo, offered advice to the NDC, urging them to keep their strategies and tactics private to avoid giving the opposition an advantage.

IMANI Africa President, Franklin Cudjoe, also weighed in, expressing shock at the Supreme Court’s swift response to the NPP MPs’ petition compared to delays in other cases, particularly efforts to get parliamentary representation for the Santrofi, Akpafu, Likpe, and Lolobi (SALL) communities.

He described the political landscape as a “gangster system” that favours some, while oppressing others, writing on X, “The speed with which the SC came to the rescue of the 4 ‘disenfranchised constituents’… tells a lot, & makes a gangster system enviable. God dey!”

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