According to a report by Adomonline, Dr. Maame Mensa-Bonsu, Associate Professor and Head of the Law, Humanities, and Social Sciences Department at Ashesi University, has advised Parliament to comply with the Supreme Court’s ruling regarding the four vacant parliamentary seats.
The court had issued a stay of execution on the Speaker of Parliament’s ruling to remove four Members of Parliament who intended to run as independent candidates in the upcoming elections.
Speaking on JoyNews’ Newsfile on October 19, Dr. Mensa-Bonsu emphasized the importance of respecting judicial authority. She recommended that if the Minority disagrees with the decision, they should seek legal recourse rather than defying the ruling.
She explained that Parliament must follow the Supreme Court’s directive to maintain the rule of law and avoid conflict between institutions.
“When a person who has a duty exercises their duty and you disagree with it, I think you go for a supervisory order, you apply for a certiorari,” Dr. Mensa-Bonsu said.
She further mentioned that since the order is to stay in effect until the case is fully determined, the Minority may consider applying for a review while adhering to the court’s ruling in compliance with the legal procedures outlined in the Constitution.
“Again, the fact that the order is until the matter is determined as opposed to the 10 days that the ex parte applications are supposed to get, perhaps, Minority would like to have the quest to review that order and be in compliance with the C.I 47,” she added.
The Supreme Court’s decision to stay the Speaker’s ruling came after an application was made by Majority Leader Alexander Afenyo-Markin.
Dr. Mensa-Bonsu highlighted the importance of the principle of institutional settlement, which underpins the separation of powers in a democracy. She warned that disregarding court rulings could lead to chaos and undermine the country’s legal system.
“The point in the judicial system is to create some finality to actions… If everyone takes their interpretation as correct and disregards the courts, we will be back in a state of chaos,” she stated.
She further explained that the separation of powers ensures that institutions function harmoniously, even if decisions from one institution are disagreed with.
“One of the key reasons why separation of powers has been proposed as a useful way to run a country is the principle of institutional settlement,” Dr. Mensa-Bonsu explained.
Meanwhile, political activist Dr. Arthur Kennedy expressed concern over the recent trajectory of the Supreme Court, questioning its neutrality. He cited several cases, including the Domelevo and LGBT cases, where he felt the court was engaging in politics rather than law.
“On too many occasions, like the Domelevo case, the LGBT case, and in this current case our Supreme Court appears now to be doing more politics than law,” Dr. Kennedy remarked.
This ongoing issue has raised concerns about the impartiality of the court, with various opinions on the Supreme Court’s recent decisions and their implications for Ghana’s Democracy
