Supreme Court Accused of Playing Politic
Dr. Arthur Kennedy, a well-known physician and political activist, has expressed serious concerns regarding the recent actions of Ghana’s Supreme Court. He believes that the Court’s decisions are leaning more towards political motivations than legal reasoning, which is a troubling development for the country’s democracy.
In recent times, there have been several rulings that, according to Dr. Kennedy, cast doubt on the neutrality of the nation’s highest court. His latest remarks come after the Supreme Court ordered the Speaker of Parliament to halt his ruling that would have removed four Members of Parliament (MPs) who declared their intentions to run as independent candidates in the upcoming election.
This directive was issued following an application by the Majority Leader, Alexander Afenyo-Markin. In Dr. Kennedy’s view, such actions are further evidence that the Court may be engaging in political activities rather than fulfilling its legal mandate.
Concerns About Bias in the Supreme Court
During his appearance on Newsfile on Saturday, October 19, Dr. Kennedy voiced his unease with the pattern of recent Supreme Court decisions. He cited several cases as examples, including the Domelevo case, the controversial ruling on the LGBT legislation, and the recent order regarding the four MPs.
He stated, “It seems, on too many occasions, our Supreme Court is doing more politics than law. For instance, the Domelevo case dragged on for too long, and the LGBT case abruptly halted the legislative process. Now, in this current case, we see the Court rushing to rule in favor of one side within a day.”
Dr. Kennedy emphasized that these incidents create the impression that the judiciary is not entirely neutral, which is dangerous for Ghana’s democratic fabric. He noted that when such perceptions become widespread, it could lead to future governments wanting to establish their own versions of the Supreme Court or the Electoral Commission to ensure decisions favor their side.
Guardrails Needed for Judicial Independence
Dr. Kennedy advocated for immediate measures to ensure that the judiciary, especially the Supreme Court, stays out of political entanglements. He pointed out that the Court seems too eager to involve itself in political issues, and its decisions often appear to favor one political faction.
“We must ensure there are guardrails in place,” Dr. Kennedy stressed. “The judiciary, particularly the Supreme Court, is becoming too involved in political matters. More worryingly, it seems to consistently side with one party.”
This growing perception of bias, he added, has been echoed by other political figures, including Kan-Dapaah and former President Mahama. Both have, at various times, raised concerns about the increasing politicization of the judiciary, warning of the long-term damage this could cause to public trust in the institution.
The Call for Judicial Reforms
To restore faith in Ghana’s judiciary, Dr. Kennedy believes that comprehensive judicial reforms are necessary. He argued that such reforms would ensure the judiciary maintains its independence and impartiality, which are essential for the stability of the country’s political system.
“It is dangerous to the stability of our political system if the judiciary continues on this path. This highlights the urgent need for sweeping judicial reforms to restore public confidence,” he concluded.
Dr. Kennedy’s comments reflect the growing public discontent with the judiciary’s perceived bias. Many Ghanaians are beginning to question whether the Supreme Court can remain impartial in a politically charged environment. Ensuring that the Court operates as a non-political institution is crucial for the continued health of Ghana’s democracy.
For more information on the Supreme Court’s recent ruling, you can read about the case here: Supreme Court stays Speaker’s ruling ousting 4 MPs from Parliament.
This lengthy discussion from Dr. Kennedy brings to light some critical issues regarding the judiciary’s role in Ghana’s politics. By addressing these concerns through judicial reforms and maintaining the judiciary’s independence, the country can work towards a more stable and transparent legal system.
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