26.2 C
Accra
Thursday, December 5, 2024
FeaturesSenyo K. Hosi: Open letter to the Speaker of Parliament rest the...

Date:

Senyo K. Hosi: Open letter to the Speaker of Parliament rest the hawk, save our democracy

Dear Mr. Speaker, a while ago, I published an open letter to the Chief Justice of our Republic, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo.

The sentiments contained in that letter came from puritanical intentions and aligned, I believe, with pervasive public perceptions of our apex court.

I argued that the waning trust in the judiciary is a major risk to our democracy. We may I have enjoyed over 30 years of our 4th Republic, but we should not get too comfortable.

Reports of democratic recession globally and a disenchanted African youth must guide our governments and leaders.

The disillusionment of many in the failure of our democracy to deliver the promises of our 1992 Constitution paints more a fragile democracy.

Please let’s not take our progress for granted. Mr. Speaker, following the dismissal of your motion to have the Supreme Court vacate its orders in the Afenyo Markin vs.

The Speaker case, there are many expecting that you will ignore the apex court and proceed in an assertive fashion.

Well, you may do that, perhaps with limited consequences for your person as the rest of us would have faced if we disobeyed the Supreme Court.

But that may be High Crime. One that must be punished irrespective of whose ox is gored. While the hawks would applaud the no-nonsense ‘kinkong’ Bagbin persona on the sidelines, it would ring uncertainty, or even doom, for our democratic governance.

Our Constitution has granted hegemony of adjudicative powers in our courts, and installed the Supreme Court as the final arbiter in that enterprise.

Your disrespect of the court’s decision will set a dangerous precedent and disturb the harmony in our governance institutions.

Can you imagine the anarchy of having the various arms of government opt to disregard the orders of the Supreme Court? Maybe the citizenry and security agencies will follow suit and there goes our statehood.

The constitution envisages the occurrence of conflicts in the everyday dealings of the citizenry as well as the dealings of our governance structures.

For the sustenance of governance and the progress of the State, conflicts cannot be allowed to continue in perpetuity and for which reason, the Supreme Court in Article 129 is charged with bringing finality to conflicts, including conflicts with itself.

We-the-people’ through the constitution, empowered it with counter majoritarian powers. We did this in full knowledge that it may hurt intertemporally but sure provides structural stability for the advancement of the State.

Respectfully, Mr. Speaker. Like all of us, you are entitled to disagree with rulings and judgments of the court when they are perverse, or even threaten the ideals of our Constitution.

The mere existence of a flaw in the court’s decision does not necessarily mean it should be disobeyed, any more than the mere existence of a bad character trait in a child means he should be abandoned.

It is true that the indeterminacy and manipulability of law means a court’s decision can sometimes be atrocious, offensive and a desecration of justice.

But disobedience resets our governance systems to a primordial anarchic state. Judges themselves accept that they can be wrong.

It was a former Nigerian Chief Justice, Chukwudifu Oputa, who said that the law is what the Supreme Court says it is even when it is wrong.

In other words, a court’s decision may be subject to decisive objections, like this current one, but until reversed, or steps are taken to change it, must be obeyed, nonetheless.

Mr. Speaker, while the hawkish voices may be loud, cacophonous and tempting, I strongly urge you not to fall into the trap of counter-productive inter-organ collision which now threatens the efficiency of our state.

I urge you to put country first and save our democracy from the excessive partisan polarization we face today. If you can do this, your place in our history as an extraordinary statesman is assured.

From the caves of Klefe-Demete, my humble village, I remain.

Senyo K. Hosi

PS: Dear Speaker Alban, it’s not time to be Man, it’s time to be Statesman, posterity will be kind to your time.

DISCLAIMER: TIGPost.co will not be liable for any inaccuracies contained in this article. The views expressed in the article are solely those of the author’s, and do not reflect those of The Independent Ghana.

[forminator_poll id="710479"]

Latest stories

Govt to partner with private sector to expand terminals for STC

The Ministry of Transport has announced the government's commitment...

Signing peace pact means nothing if fairness is absent – Nana Yaa Jantuah to EC

Former Director of Public Relations and External Affairs at...

Judicial Service clarifies recent judge transfers as routine process

The Judicial Service of Ghana (JSG) has explained that...

NDC on a 5-day fast ahead of Dec 7 polls

The National Democratic Congress(NDC) has revealed that all members...

Accra streets left in darkness despite 15m spent on lighting – Report

The Millennium Development Authority (MiDA) allocated $15.8 million to...

Bawumia wouldn’t offer change – Martin Amidu cautions

Former Special Prosecutor, Martin Amidu, has condemned Dr. Mahamudu...

Related stories

Youth anger and frustration will propel former President John Dramani Mahama to the presidency

As Ghana’s election approach, the Campaign of Former President John...

Vacant seats saga: All the legal terminologies explained

Recent tensions between Ghana’s Judiciary and Legislature have underscored...

Vacant seats controversy: Amanda Clinton Esq writes on Supreme Court’s ruling

A SUMMARY OF THE SUPREME COURTS  108 PAGE RULING ON THE...

How property taxes can help low-income countries to develop

The world’s governments must raise an additional US$3 trillion...

Celebrating Ghana’s Farmers: A story of neglect and disregard by its govt

Today, as Ghana pauses to celebrate Farmer’s Day, let...

Did you know you can get a passport for your pet?

Some pet passports also include details like your pet’s...

LEAVE A REPLY

Please enter your comment!
Please enter your name here