US-based Ghanaian lawyer and scholar Professor Stephen Kwaku Asare, widely known as Kwaku Azar
US-based Ghanaian lawyer and scholar Professor Stephen Kwaku Asare, widely known as Kwaku Azar, has expressed concerns over what he sees as inconsistent rulings by Ghana’s Supreme Court, following its dismissal of an application by the Speaker of Parliament, Alban Bagbin.
This application sought to challenge the court’s order to stay the declaration of four parliamentary seats as vacant.
In a Facebook post on 31 October 2024, Professor Azar emphasised that courts cannot “pick and choose” when to apply the law.
He argued that consistency is vital for public trust in the judiciary, asserting that “the soul of courts” lies in stable, principled application of the law.
Azar pointed to a perceived contradiction: a court ruling that barred a Member of Parliament from representing constituents for 15 months, while later underscoring the importance of representation in other cases.
“Politicians may champion one view in the morning and another in the evening, but courts cannot afford such inconsistency. Their survival depends on stability and adherence to principles,” he wrote.
He noted that the judiciary’s legitimacy stems from impartial, even-handed application of the law, warning that any inconsistency erodes public confidence.
“Courts can’t uphold the right to a fair hearing in some cases while deciding others in ex parte hearings. Courts can’t resolve some disputes within hours, while others languish for years. Courts can’t prevent an MP from serving constituents for 15 months while defending the sanctity of representation in other cases,” Azar argued.
He added that the public would accept judicial rulings, even those they disagree with, as long as the judiciary maintains consistency. Azar cautioned that inconsistent rulings may lead people to lose faith in the judiciary when it matters most.
“People can accept decisions they disagree with, provided those decisions are consistent. What citizens resist is perceived ‘ananse justice’ for some and ‘ntikuma justice’ for others. Such disparities breed suspicion and resentment. Consistency isn’t just an ideal; it’s the foundation of judicial legitimacy,” he said. Azar warned that when courts start to show inconsistencies, they risk being viewed more like politicians than impartial arbiters, adding that many have already “tuned out” politicians, and that too many are beginning to disregard the courts as well.
About the Court’s Ruling:
On 30 October 2024, Ghana’s Supreme Court reaffirmed its directive for Speaker Alban Bagbin to halt his declaration of four parliamentary seats as vacant.
A five-member panel led by Chief Justice Torkornoo dismissed Bagbin’s application, reasoning that his declaration would irreparably harm the affected MPs and the tens of thousands of constituents they represent.
This decision has sparked public criticism, with some pointing to the court’s handling of the Assin North seat, where the MP was barred from serving for months, and the case of the people of Santrokofi, Akpafu, Lipke, and Lolobi (SALL), who remain unrepresented in Ghana’s 8th Parliament.
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