Vice President of IMANI Centre for Policy and Education, Bright Simons, has indicated that Ghana’s Supreme Court is bound to sink if it does not do the necessary soul-searching.
His assertion comes on the back of comments made by a former Justice of the Supreme Court, Justice William Atuguba, on the apex court’s ruling on the James Gyakye Quayson case.
In a post on X, formerly Twitter, Mr. Simons noted the break in ranks between the two brains who have served at the Supreme Court as senior justices tells how the apex court stands polarised if things aren’t put in the right perspective.
“For a former Justice of the apex court & one-time seniormost Justice on that same court to break ranks this way, you can judge how low the standing of the Supreme Court is bound to sink if it does not do the necessary soul-searching,” he posted on X.
For a former Justice of the apex court & one-time seniormost Justice on that same court to break ranks this way, you can judge how low the standing of the Supreme Court is bound to sink if it does not do the necessary soul-searching. pic.twitter.com/h6mk4plWXb
— Bright Simons (@BBSimons) October 24, 2023
Background
Former Supreme Court Justice, Justice William Atuguba, took a strong exception to the outcome of the recent judgement given by the Supreme Court on the James Gyakye Quayson case.
Speaking at a public lecture Tuesday, October 24, 2023, the retired Supreme Court judge labeled the court’s decision as “scandalous.”
He argued that the Supreme Court should not have taken on the case in the first place.
According to him, the matter had already been adjudicated by the High Court, and the Supreme Court’s decision to proceed with it contradicts a fundamental principle of law.
“The James Gyakye Quayson’s decision by the Supreme Court is with all due respect scandalous in that the court, in the teeth of the settled maxim Res Judicata et non quieta movere, re adjudicated the same matter that has been adjudicated upon by the High court on the merits,” he said.
He contended that the proper course of action for the Supreme Court should have been to execute the High Court’s decision rather than initiate a new trial.
The case in question revolves around the eligibility of Gyakye Quayson, the Assin North legislator, to hold office as a Member of Parliament.
He was ejected from Parliament in May 2022 following the Supreme Court decision annulling the 2020 constituency election.
The ruling by the Supreme Court generated significant controversy and debate, leading Justice Atuguba to voice his concerns publicly.
“The Supreme Court does not stand in good light with all due respect in disqualifying Gyakye Quayson, despite his clear certificate of renunciation of his Canadian citizenship as from 26th November 2020 whereas the elections were on December 7. I am not able to see substantial justice in this,” he added.
Justice Atuguba continued that “the statutory processes for acquisition and renunciation of citizenship shot itself in the foot.”
“If the certificate of renunciation is so mandatory and conclusive why was it not conclusive in its effect to qualify Gyakye Quayson when he received it, dated 26th November 2020, whereas the parliamentary election was held on 7th December 2020? Statutes, judgements, and documents must always be applied with consistency both in the letter and spirit. These must always be construed holistically and as instruments of justice since it is a well-settled principle that the duty of a court is to do justice and a court should not be turned away from doing justice,” Justice Atuguba continued.
Mr. Gyakye Quayson after being ousted from the House of Parliament won a by-election in the constituency when the National Democratic Congress (NDC) filed him again for the contest.
