Alan Kwadwo Kyerematen, leader of the Movement for Change and presidential candidate, rejected the notion that Parliament is a master of its own rules, stating it lacks legal basis.
Kyerematen emphasized that under Article 133 (1) of the Constitution, all branches of government, including Parliament, must adhere to Supreme Court decisions.
He argued that any refusal to comply would be a violation of the law.
“Even if Parliament is of the view that the decision of the Supreme Court is wrong, it must comply with the orders of the Court, and adopt a judicial path to the resolution of the matter”.
Alan Kwadwo Kyerematen
Kyerematen criticized the ongoing conflict between the Supreme Court and Parliament as “unwarranted, unjustifiable, unproductive, and harmful to our developing democracy.”
He stressed that both institutions should act within constitutional boundaries and respect national laws.
The astute politician argued that the Supreme Court’s recent ruling on NPP Caucus leader Alexander Afenyo-Markin’s application, which sought to overturn the Speaker’s position on the status of four MPs, was unconstitutional and an overreach.
While the Court has the authority to interpret the Constitution, he emphasized, this power should not be applied arbitrarily, especially on matters critical to national stability.
“Article 97 (1) (g) and (h) of the Constitution cannot be said to lack clarity. The said provisions are very clear in both spirit and letter and unconditionally impose a duty on the Speaker of Parliament to declare vacant the seat of any sitting Member of Parliament who changes their status in Parliament by either joining another party or becoming independent.”
Alan Kwadwo Kyerematen
Kyerematen highlighted that, under the 1992 Constitution, a Member of Parliament must vacate their seat if they leave the party they belonged to at the time of election to join another party, attempt to remain in Parliament as an independent, or if they were elected as an independent candidate and later join a political party.
Kyerematen Supreme Court Interpretation Duties
Furthermore, Alan Kwadwo Kyerematen added that the clear, mandatory language of the Constitution leaves no room for interpretation that would require Supreme Court discretion.
He stated that the Supreme Court’s authority to interpret constitutional provisions should not be used arbitrarily, especially in sensitive situations that could undermine the rule of law and disrupt the principle of Separation of Powers.
“Parliament is bound by Article 133 (1) of the Constitution, which mandates all arms of government, including the Legislature, to comply with Supreme Court decisions. Any refusal to accept such decisions, he argued, would constitute a breach of the law. Even if Parliament is of the view that the decision of the Supreme Court is wrong, it must comply with the orders of the Court, and adopt a judicial path to the resolution of the matter”.
“The claim by Parliament that it is a ‘Master of Its own Rules’ has no merit in law and seeks to undermine the very spirit underpinning the concept of checks and balances between the various arms of Government”.
Alan Kwadwo Kyerematen
With the General Elections drawing near, Kyerematen warned that a lingering conflict between the Judiciary and Legislature could risk undermining national stability.
He highlighted the urgency for all parties—the Judiciary, Legislature, Executive, and the people of Ghana—to work collaboratively to resolve this sensitive issue, ensuring a peaceful and stable path toward the December 2024 elections.
Accordingly, the MFC leader issued a strong call to action, urging all stakeholders to place the nation’s welfare above institutional rivalries.
He emphasized the importance of a united, unwavering commitment to safeguard Ghana’s democratic principles during this pivotal time.
Kyerematen reminded the public that the preservation of peace and democracy is a shared responsibility that transcends individual power interests.
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