A former Minister of Foreign Affairs, Hanna Serwaa Tetteh, is raising serious questions regarding the role of public sentiments on the decisions of the Supreme Court.
She is asking if the rulings of the apex court are influenced by public opinions or based strictly on what the law says and the utmost interest of society.
Emphasising the role of the Supreme Court in shaping the democracy of the State, she highlighted the need for the courts to be principled to ensure the democracy it builds is peaceful.
In a post made on her Facebook Sunday, October 20, 2024, she said “a strong, principled judiciary is essential to a competitive but peaceful democracy. They have an important role to play in ensuring this democracy not only survives, but thrives.
After recognising the role of the Judiciary in building Ghana’s democracy, the former Minister said the courts are expected to interpret the laws without fear or favour and in the interest of the public.
“Of course they are expected to interpret the law and ensure its application without fear of favour but they do so within the context of the society that the laws govern,” she said.
She expressed the need to factor the times in its decisions, especially when elections are around the corner.
“We live in hyper-partisan times, and the closer we get to elections the more tense the political environment, and consequently the times when peace and security within the state is at its most fragile,” she stated.
Her comments follow the Supreme Court’s verdict on a ruling by Parliament where the Speaker declared four seats vacant.
The Supreme Court on Friday, October 18, 2024, issued a stay of execution on the ruling by Speaker Alban Bagbin declaring some four parliamentary seats vacant.
The Court also directed Parliament to recognise and allow the four MPs to fully represent their constituencies and carry out their official duties.
The applicants had initially requested for a 10-day but the Supreme Court says they should carry on with their roles as MPs until the final ruling on the matter has been delivered.
The application to stay the Speaker’s decision was filed by New Patriotic Party (NPP) Members of Parliament, who sought the Court’s intervention to halt the enforcement of the ruling that would have affected three of their colleagues and one from the National Democratic Congress (NDC).
The application was filed ex parte, meaning that neither Speaker Bagbin nor Parliament was joined to the case.
The ex parte application made the Court consider the plaintiffs’ request without seeking any response from the Speaker or other parliamentary authorities at this stage.
The case was heard by a panel of Supreme Court justices presided over by Chief Justice Gertrude Torkonoo.
Other members of the panel included Justice Mariama Owusu, Justice Kwame Adibu Asiedu, Justice Ernest Yao Gaewu, and Justice Yaw Darko Asare, who together delivered the ruling to stay the Speaker’s decision.
Representing the NPP MPs were lawyers Paa Kwesi Abaidoo and former Attorney General Joe Ghartey.
They successfully argued for the stay, which temporarily halts the Speaker’s ruling pending further legal proceedings. The Court’s decision effectively keeps the four MPs’ seats intact in the meantime.
The ruling affected three NPP MPs made up of Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), and independent candidate who was doing business with the Majority, Andrew Asiamah (Fomena), and one NDC MP, Peter Yaw Kwakye Ackah (Amenfi Central), who either chose to run as independent candidates or switched party affiliations for the 2024 elections.
As a result, the NDC, previously in the Minority, now becomes a majority with 136 seats with the NPP remaining with 135 seats now assuming minority.
However, the Supreme Court’s decision on the ex parte motion reverses the ruling of the Speaker until the final ruling on the matter is delivered.
