The Decision of the Supreme Court is Unconstitutional – Alan Kyeremateng

Presidential Candidate of Movement for Change, Alan Kyerematen, has strongly criticized the ongoing clash between the Supreme Court and Parliament, describing it as “unwarranted, unjustifiable, unproductive, and unhealthy for our fledgling democracy.”

Speaking to the media in his capacity as both a lawyer and a leading political figure, Mr. Kyerematen emphasized the need for both institutions to operate within constitutional limits and to respect the laws governing the nation.

According to Mr. Kyerematen, the Supreme Court’s recent ruling on the application filed by the NPP Caucus leader, Hon. Alexander Afenyo-Markin, to reverse the Speaker of Parliament’s stance on the status of four Members of Parliament was unconstitutional and represents an overreach.

He argued that while the Supreme Court holds the authority to interpret the Constitution, this mandate must not be exercised capriciously, especially in contexts sensitive to national stability.

Mr. Kyerematen clarified, “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.”

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Quoting the constitutional provisions directly, Mr. Kyerematen pointed out that a Member of Parliament must vacate their seat “if he leaves the party of which he was a member at the time of his election to Parliament to join another party or seeks to remain in Parliament as an independent member or if he was elected a member of Parliament as an independent candidate and joins a political party.”

Mr. Kyerematen further noted that 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.”

While he commended Parliament for eventually seeking a judicial review, he also critiqued the approach taken. “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,” Mr. Kyerematen emphasized.

With the General Elections rapidly approaching, Mr. Kyerematen warned that an unresolved rift between the Judiciary and Legislature could jeopardize national stability. “It is critical that all parties—the judiciary, the legislature, the executive, and the citizenry of Ghana—work towards a resolution of this delicate matter to ensure a peaceful path towards the 2024 general elections in December.”

He urged all parties to prioritize the nation’s welfare over institutional power struggles.