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Amidu Calls for Non-Partisan Activists to Defend Constitution

Lilian Ahedorby Lilian Ahedor
October 25, 2024
Reading Time: 4 mins read
constitutionalism and the mob justice phenomenon

The 1992 Constitution of Ghana

Former Special Prosecutor Martin Amidu has stated that the 1992 Constitution needs non-partisan activists to protect it from the self-serving actions of political elites pursuing power. 

He noted that these elites employ disinformation to provoke violence among the suffering populace, thereby undermining the constitutional order. 

Amidu claimed that the recent events in Ghana’s Parliament from October 15 to 22, 2024, were deliberately orchestrated to destabilize the Constitution.

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“The conflict interaction moves and countermoves from the NDC and the NPP on the meaning of Article 97(g) and (h) of the 1992 Constitution invited the Supreme Court as the final arbiter of constitutional disputes to assume jurisdiction in settling the destructive or unproductive conflict interaction between the two adversarial political parties. 

“This is a Supreme Court which was vetted and approved as qualified and competent by the now antagonist two major political parties and appointed under the Constitution…The Supreme Court has assumed jurisdiction in the matter and every citizen must respect the decisions and orders of the Court whatever one’s emotional political leanings and future political expectations might be”.

Martin Amidu

Amidu further indicated that any dissatisfied caucus in Parliament knows the constitutional procedures for seeking redress from the Supreme Court. 

Esq. Alban S.K Bagbin Speaker of Parliament Ghana
Esq. Alban S.K Bagbin, Speaker of Parliament-Ghana

As such, he emphasized that instead of resorting to media to incite the suffering masses and exploit them for political gain, they should follow these procedures to uphold national peace and stability.

The former Special Prosecutor asserted that the Speaker of Parliament must take responsibility for the stalemate, as he knew the minority’s motion and the majority’s opposition would eventually lead to conflicting interpretations of Articles 97(1)(g) and (h). 

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He maintained that the issues should be addressed by the Supreme Court rather than through mere application of the provisions.

Amidu further accused the Speaker of intentionally escalating tensions by declaring the vacation of four seats, shifting the majority to his party. 

According to him, understanding the roots of the conflict over Article 97 is essential for fostering a constructive dialogue to resolve the current stalemate in our democratic system.

Impartiality of Speaker Questioned

Furthermore, Martin Amidu stated that a Speaker of Parliament who fills his office with colleagues from his political party while holding party political positions cannot claim greater impartiality. 

He indicated that this is in stark contrast to a Supreme Court that is properly approved by a bipartisan Parliament and appointed under the Constitution to exercise judicial power.

Martin Amidu former Special Prosecutor
Martin Amidu, former Special Prosecutor

Accordingly, Amidu urged that the Speaker of Parliament must carefully consider the consequences of circumventing the Supreme Court’s orders. 

He noted that by using subterfuge to undermine the 1992 Constitution, the Speaker risks pushing it into a state of implosion rather than upholding and defending it, as required by his oath of office and the Constitution.

“I am making my voice heard because I did not spend my youthful years participating in the birth of the 1992 Constitution and the founding of NDC in 1992 for the Constitution to be brought to the precipices of implosion by needless electoral opportunism and adventurism.

“The legislative and executive branches of government need no reminder that in third-world countries, when the constitutional order implodes because of the greed and avarice of the political elite, the judicial branch is the only branch [that] always survives, at least in the interim and in most cases the long term”. 

Martin Amidu

Amidu emphasized that the stability and survival of Ghana’s Fourth Republic must take precedence over transactional politics, opportunism, and the adventurism of political elites focused on their narrow, short-term interests. 

According to the former Special Prosecutor, these actions not only undermine the broader interests of the citizens of Ghana but also jeopardize the nation’s long-term progress and democratic values.

READ ALSO: Benedicta Gafah Denies Dating Rumors With James Gardiner

Tags: 1992 Constitution of GhanaGhana NewsJudiciaryNDCNPPParliament
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