The Legal Director of the National Democratic Congress (NDC), Godwin Edudzi Tameklo, has criticized the Attorney General, Godfred Yeboah Dame, for raising concerns after the Supreme Court ruling on the Speaker of Parliament’s declaration as reported by Adomonline on Wednesday, November 13, 2024
According to Tameklo, the Attorney General got exactly what he had hoped for, so his complaints now seem contradictory.
In an interview with Joy News’ PM Express, Tameklo responded to the Supreme Court’s recent 5-2 ruling, which deemed the Speaker’s declaration unconstitutional.
He questioned the objections raised by Dame regarding the Speaker’s legal representation, particularly after the Attorney General had previously argued that the Speaker’s lawyer lacked proper authority.
“If my memory serves me right, in the last hearing, the Attorney General sought to create the impression that Thaddeus Sory, the Speaker’s lawyer, lacked proper authority to represent the Speaker,” Tameklo said.
He went on to recall that Dame had even suggested that, in constitutional matters, he himself should be the one defending the Speaker’s actions.
“If the Attorney General, by coincidence or otherwise, has been given what he wished for, why the complaint?” Tameklo remarked, pointing out the apparent contradiction in Dame’s current stance.
Tameklo emphasized that the Supreme Court, in interpreting the Constitution, is not bound by the written submissions of the parties involved.
“The fundamental question is, is the Supreme Court bound by the written arguments of the parties? The court has consistently stated that they are not bound by these arguments,” he explained.
According to Tameklo, the role of the Supreme Court is to interpret the Constitution, and while submissions assist in the process, they do not dictate the court’s final decision.
Tameklo also addressed the specific legal arguments made by the Attorney General, particularly regarding the standing of Sory and the necessity of Public Procurement Authority (PPA) approval.
He stated, “The Attorney General argued that the Public Procurement Authority (PPA) approval was required and questioned Mr. Sory’s standing to represent the Speaker. That was his position, so, in essence, he got his wish.”
With this in mind, Tameklo believes that Dame’s complaints about the Speaker’s failure to file a defense are misplaced.
The NDC lawyer stressed that constitutional cases should focus on substantial legal issues rather than procedural disputes, especially in matters with significant national implications.
“The Supreme Court’s role is to interpret the Constitution, not to be bound by party submissions. Our submissions only assist, not determine, the final ruling,” Tameklo concluded, reaffirming his respect for the judicial process.
He also highlighted the importance of the ruling in clarifying the roles and limits of both Parliament and the Executive to avoid future conflicts.
