By News Desk
Deputy Minister for Finance and Member of Parliament (MP) for Nyhiaeso Constituency in the Ashanti region, Dr. Stephen Amoah, has condemned the National Democratic Congress (NDC) assault on the parliamentary processes and the order of the Supreme Court, saying that it poses treat to Ghana’s growing democracy.
“This is the time to identify the true patriotism of the relevant stakeholder bodies and individuals known to be or claim to be statesmen or operating in the interest of the state. We can heap scorn on the potential national threat of the behaviour of the NDC and its cohorts in recent times in abusing their parliamentary numerical strength. Everyone’s future is not guaranteed irrespective of one’s social stratum. We are members of universal set of Ghana. Our children, grandchildren and grandchildren are all members through to the next generation,” the former deputy trade minister indicated a in statement he released yesterday.
Analysing the posture of the minority in Parliament last Tuesday, the student of law argued that “The SUPREMACY OF LAW is paramount and must be given all the required precedence to safeguard the common interest of all stakeholders in the country,” and that “The supremacy of regular law as opposed to arbitrary governmental rule forms the most elemental factor necessary for the sustainability of every democracy in the world.”
In the attempt to respect the separation of powers, Dr. Amoah admonished that we must do our best possible to encourage ‘Judicial deference’ to enable us perpetually enjoy our right to live and live in harmony.
“At present, productivity and the progress of this country is being badly affected. Parliament cannot do its usual businesses putting education, health, security, children and women welfares in jeopardy. Can anybody godly justify this without underlying interest?” he quizzed.
He interspersed his argument with “THE QUESTION IS; WHAT IS SO MUCH ‘AT STAKE’ THAT SHOULD WARRANT THESE DYSFUNCTIONAL POSITIONS AND DECISIONS BY THE NDC? That just less than a couple of months to elections the NDC wants to tarnish the global image of Ghana. That the NDC wants to set such a bad precedent. If the courts are destroyed? What happens to our fundamental human rights? What happens to our security? What happens to equality as a key element or condition of human rights?”
If the highest court of the land is being dishonoured in this all-time low record, Dr. Stephen Amoah implored that we must come together as country and trigger the necessary national cohesion button devoid of politics, ethnicity and religion difference.
Citing various provisions of the 1992 Constitution to buttress his points, Dr. Amoah stressed that “The decision of the Supreme Court must bind everyone, every law, every group and any other authority. This is crystal clear and without any ambiguity.”
For instance, he observed that Article 125 (3) of the 1992 Constitution of the Republic of Ghana establishes that “The judicial power of Ghana shall be vested in the Judiciary, accordingly, neither the President nor parliament nor any organ or agency of the President or Parliament shall be given final judicial power.”
The Article 1 (2) of the 1992 Constitution of the Republic of Ghana
The constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.
The Article 2 (2) of the 1992 Constitution of Ghana.
The Supreme Court shall, for the purposes of a declaration under clause (1) of Article 2, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.
The Article 3
Any person or group of persons to whom an order or direction is addressed under clause (2) of Article 2 by the Supreme Court, shall duly obey and carry out the terms of the order or direction.
The Article 4
Failure to obey or carry out the terms of an order or direction made or given by the constitution of Ghana constitutes a high crime.”
Read excerpts of Dr. Amoah statement: We should remember that the roots of discontent in most countries lie in the mismanagement of and disrespect for rule of law and for that matter our refusal to accord the laws of the countries’ needed adherence. The SUPREMACY OF LAW is paramount and must be given all the required precedence to safeguard the common interest of all stakeholders in the country. The supremacy of regular law as opposed to arbitrary governmental rule forms the most elemental factor necessary for the sustainability of every democracy in the world. What will happen if an innocent young lady is raped and killed in a society that rule of law does not exist in its fullest effectiveness? What will happen if a hard-earned property of an innocent Ghanaian is robbed of? What would have happened if it had not been rule of law during both NPP and NDC’s election petitions? Are we safe as a country? Where are the religious bodies, men of God/Allah, unions, think tanks, traditional leaders and those who really mean well for this country?
May be, I am wearing a different pair of spectacles. Prevention has always been less costly than cure and restoration. The society our great grandfathers through the toil of their blood secured for us, it is our collective responsibility to do same for the future of our children and the next generation.
We must not stay aloof; we must keep watchful eyes on the potential crisis lurking below the
surface. Safety of Ghana beyond politics is crucial, my candid admonishment.
In fact, according to even the English legal system from which ours evolved, I stand to be
corrected, as a ‘non- lawyer’, the Supreme Court can interpret laws in three ways, literal, the golden rule and the mischief. Once the Supreme makes a decision or a declaration, as stipulated by the constitution it is final.
The Article 4 (a) of the 1992 Constitution
All citizens shall have the right and duty at all times to defend this Constitution and thus the laws of the land.
The Article 34 (1) talks about the directive principles of state policy which guides us all in the applications and interpretation of this constitution and any other law. It is in this spirit that we enjoy our freedom and the rule of law.
In the attempt to respect the separation of powers, we must do our best possible to encourage
‘Judicial deference’ so enable us perpetually enjoy our right to live and live in harmony.
At present, productivity and the progress of this country is being badly affected. Parliament cannot do its usual businesses putting education, health, security, children and women welfares in jeopardy. Can anybody godly justify this without underlying interest?
I strongly believe that the meaning of God’s country is being misconstrued.
The earlier we eschew all forms of individual, group, political, religious and sentimental interest and uphold the rule of law, the better for all of us.
God have mercy on us all.
