The Former MP for Tamale Central, Hon. Inusah Fuseini, has expressed his critical views on recent Supreme Court decisions, citing what he saw as inconsistencies that undermine the principles of democracy and the rule of law.
Hon. Fuseini looked into the importance of predictability in legal rulings, the implications of perceived political bias in the judiciary, and his disapproval of specific court rulings regarding parliamentary representation.
His commentary called for a more consistent judicial approach to uphold democratic values.
Hon. Fuseini began by outlining the central role of the Supreme Court as the apex court of the land, noting its decisions’ binding nature on lower courts.
He emphasized that consistency in judicial rulings is crucial for upholding democratic principles.
“The Supreme Court is becoming too inconsistent for my liking. It is not for nothing that the Supreme Court is the apex court of the land. So, their decisions are binding on all other courts. And so, when the Supreme Court gives decisions, which appear to be inconsistent, it erodes the basic principle of democracy—that is, the rule of law.”
Hon. Inusah Fuseini Former MP for Tamale Central
He suggested that the court’s inconsistent rulings may gradually erode public confidence in the judiciary, a concerning trend for democratic governance.
“The rule of law simply says that citizens must be able to predict the consequences of [Judges] actions with reasonable certainty. Predictability and certainty are cardinal in a democratic setting”
Hon. Inusah Fuseini Former MP for Tamale Central
Concerns Over Inconsistent Rulings on Parliamentary Representation
Hon. Fuseini specifically criticizes certain Supreme Court rulings on parliamentary representation, arguing that they appear contradictory.
He pointed to past rulings where the court upheld the principle that an elected MP’s seat remains valid until an election dispute is resolved.
However, in recent rulings, he observed a deviation from this principle.
“When the Supreme Court makes a decision that way, one will say that the Supreme Court is holding the principle of representation very high… [But] when the Supreme Court backtracks and says that someone should be restrained from attending Parliament due to [an unresolved dispute], then it introduces inconsistency.”
Hon. Inusah Fuseini Former MP for Tamale Central
He contended that the delay in addressing these matters sends a contradictory message about the court’s stance on the principle of representation.
The Execution of Rulings: A Matter of Constitutional Jurisdiction
Another area of contention for Hon. Fuseini is the Supreme Court’s involvement in the execution of its rulings.
He expressed strong disapproval of the court’s role in enforcing decisions, arguing that it oversteps its constitutional boundaries.
“The Supreme Court has no business in the execution. The Supreme Court’s jurisdiction is prescribed by the constitution.”
Hon. Inusah Fuseini Former MP for Tamale Central
Perceived Political Bias in the Judiciary
Hon. Fuseini raises concerns about perceived political bias in the judiciary, pointing out that certain judges have been linked to political parties, which can create doubts about impartiality.
He referred to recent statements by lawyer Thaddeus Sory, who argued that a judge with political affiliations might not be fit to rule on politically charged cases. Hon. Fuseini warned that such affiliations could undermine public trust in judicial independence. He noted; “It’s a problem because it leads to a perception that justice to [be manifest has not been done].
His remarks suggested that even the appearance of political bias among judges can have significant ramifications for public perception, as it erodes confidence in the judiciary’s impartiality.
This, according to him, posed a threat to the rule of law, as it may lead the public to question the fairness of court decisions.
A Call for Consistency and Impartiality
In sum, Fuseini’s commentary highlighted his concerns about the Supreme Court’s recent rulings, which he feels exhibit inconsistencies that undermine democratic principles.
He called for a judiciary that prioritizes predictability and impartiality, ensuring that legal rulings are consistent and grounded in constitutional principles.
By emphasizing these elements, Hon. Fuseini urged the Supreme Court to maintain its role as the stabilizing force in Ghana’s democratic framework, free from political influence and inconsistencies.
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