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Martin Amidu Warns of Risk to Constitution Amid Election Desperation

Lilian Ahedorby Lilian Ahedor
October 22, 2024
Reading Time: 4 mins read
Hon. Alban S.K Bagbin and Chief Justice Gertrude Araba Esaaba Sackey Torkornoo

Hon. Alban S.K Bagbin and Chief Justice Gertrude Araba Esaaba Sackey Torkornoo

Martin Amidu, former Special Prosecutor, has warned that as the parliamentary and presidential elections near, the two main political parties have become so desperate for power that they risk destroying the 1992 Constitution and the 4th Republic if either wins.

In a signed statement, Martin Amidu remarked that the ongoing conflict threatening Parliament is a self-created dispute regarding whether MPs can contest as independent candidates in the December 7 elections.

According to him, any objective citizen familiar with the Speaker’s inconsistent decision-making since rejecting the 2022 Budget would have anticipated how the situation would unfold.

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“The Speaker, as was to be expected, declared the seats of four members of parliament vacant in accordance with the Speaker’s agreement with the invitation to him by the Minority Leader ‘…. to declare the seats of these four Members vacant in accordance with Article 97(1)(g) and 97(1)(h) of the Constitution 1992.’

“The consequence as the Speaker well knew by the invitation of the Minority Leader was that: ‘…. if these seats are declared vacant, the resultant effect on the composition of this House would be that the NDC would have 136 seats, while the NPP would have 135 seats, thus making the NDC the Majority Party in Parliament’”.

Martin Amidu
Martin Amidu former Special Prosecutor
Martin Amidu, former Special Prosecutor

The former Special Prosecutor added that Speaker Bagbin’s interpretation of Article 91 constitutes a clear usurpation of the Supreme Court’s interpretative and enforcement authority. 

He maintained that this authority is assigned to the judiciary under Articles 2 and 130 of the 1992 Constitution. “One cannot approbate and reprobate, the saying goes”. 

Accordingly, Amidu questioned how any reasonable person could condemn the Supreme Court when the Speaker had clearly given it the opportunity to assert its constitutional authority. 

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He asked whether the Speaker’s actions on October 17, 2024, constituted an unlawful usurpation of judicial power under Article 125(3).

Amidu Accuses NPP and NDC of Manipulating Voters

Furthermore, Martin Amidu accused both the NPP and the NDC of exploiting every opportunity to manipulate the gullible public into supporting their bids in the 2024 elections. 

He asserted that they do so regardless of the integrity and accuracy of the information provided to voters. 

NPP NDC
NPP, NDC

Amidu observed that, over the years, particularly from 2001 to the present, both political parties have attempted to politicize the Supreme Court.

“It is, therefore, needless to complain when one’s ass is gored that the Supreme Court is indulging in political decision-making when those who invited the Court to do so are the very two adversarial political parties. 

“What is the difference between recruiting the Speaker of Parliament who owes his allegiance to the NDC to make a favorable decision to give the NDC a majority status in Parliament and a Supreme Court that has been properly vetted and approved in a bi-partisan manner under the Constitution assuming its authority to determine the usurpation of its judicial power by the Speaker of Parliament?”

Martin Amidu

Amidu indicated that both the NPP and the NDC are sore losers, actively vying for power solely for their own interests and political gain. 

He asserted that they do so without any genuine intention to uphold and defend the 1992 Constitution as established by law. “The 2024 elections in Ghana must be fought and won on the integrity, honesty, and policy programs of the various candidates and their political parties”. 

Accordingly, Amidu emphasized that escalating national tensions and promoting violence, which threatens the 1992 Constitution for the sake of raw power, must stop. 

He urged the public to be wary of the events of June 4, 1979, and December 31, 1981, stressing that neither major political party will succeed if they continue to undermine the Constitution. “The protection of the Constitution mandates that all citizens skew the greed for raw power for its own sake and put Ghana First”.

READ ALSO: Blinken Lands In Israel For New Gaza Ceasefire Push

Tags: economyGhana NewsJudiciaryNDCNPPParliament
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