Martin Amidu, the former Special Prosecutor, asserted that Speaker Alban S.K. Bagbin of Parliament must comply with and enforce the decisions and orders of the Supreme Court.
Amidu emphasized that the Speaker is obligated to follow these directives as stipulated in the 1992 Constitution.
His comments came after the Court unanimously dismissed the Speaker’s application on October 30, 2024, to overturn proceedings in the suit filed by Majority Leader Alexander Afenyo Markin.
The Court also upheld its October 18, 2024, order to stay the Speaker’s ruling from October 17, 2024, which declared the seats of four Members of Parliament vacant pending the suit’s resolution, deeming the application unmeritorious.
“The Supreme Court has by its decision dismissing the Speaker’s application thrown out all the jurisdictional objections raised by the Speaker to the competence of the Supreme Court to hear the Writ and Statement of Case filed by the plaintiff against the defendants.
“The full reasons for the Court’s decision are to be filed in the registry of the Court by Friday, 8 November 2024. We can then temperately criticize or applaud the decision without scandalizing the Court”.
Martin Amidu
Amidu further stated that Parliament must continue functioning smoothly, maintaining the status quo prior to the Speaker’s ruling on October 17, 2024.
He emphasized that the Supreme Court holds ultimate judicial authority in resolving disputes involving citizens and the state.
Amidu also noted that adherence to the Supreme Court’s orders and directives is a constitutional obligation, asserting that the rule of law differs fundamentally from chaos.
He criticized the Speaker’s actions, describing them as a “Kabuki” dance, whereby he returned Court processes to the Registrar while simultaneously applying to have the Court’s own ruling set aside.
Amidu pointed out that any reasonable individual understands that if a writ or statement of the case is defective, the appropriate response is to apply for them to be set aside, not to simply return them.
Speaker’s Questioning of Justices’ Integrity Critiqued
Furthermore, Martin Amidu expressed concern that the Speaker of Parliament who approved the Supreme Court justices, would question their competence or integrity based solely on their former party affiliations, without any evidence of bias after they took office.
He noted that criticizing a nominee during the approval process is acceptable, but claiming bias in a pending case after a bipartisan appointment has been made—without any evidence—is inappropriate.
“Once the appointment has been consummated through the constitutionally approved process the sanctity of the institution of the judiciary demands that every citizen gives the appointees the presumption of impartiality until there is concrete proof to the contrary.
“The Speaker has no authority to hold the nation to ransom by obstructing the functioning of the constitutional system or any of the arms of government during the pendency of a constitutional matter before the Supreme Court”.
Martin Amidu
Accordingly, he emphasized that the Speaker and Parliament must accept the decisions and orders of the Supreme Court, which they established alongside the Executive branch for Ghanaians.
Amidu stated that government operations should proceed smoothly while the judiciary exercises its constitutional power to resolve the current constitutional impasse. “The Speaker should file his Statement of Case as directed by the Court and let the Court resolve the controversy between the plaintiff and the defendants”.
He stressed the need for the legislature and executive to lower political tensions and ensure free, fair, and transparent elections before December 7, 2024.
According to the former Prosecutor, engaging in political gamesmanship could harm citizens’ well-being and undermine the 1992 Constitution. “The Speaker needs to show cognitive maturity now! Parliaments and Governments may come and go but the Republic of Ghana shall always endure”.
