The Liberation Of The Ghanaian People From Despotic Rule And Bad Governance Is Tied To The December 7, 2024 General Elections

Despotism is an affront Political Theory and Principle which involves an exercise of absolute power especially in a cruel and oppressive way under a democratic rule. It is synonymous to tyranny, dictatorship, totalitarianism, absolute rule, absolutism, oppression, repression, suppression, autocracy and autarchy. In its classical form, despotism is a state in which a single individual [Despot] holds powers of Authority embodying the State, and everyone else is a subsidiary person. These are the hallmarks of Leadership under President Nana Akuffo Addo; Dr. Bawumia led government under the watch of the President who is a Human Right Lawyer. Over the years under their watch, they have used the Security services and State institutions stifle economic freedom, suppress and oppress the Ghanaian people and so, the liberation of the Ghanaian people from these affront posture is to overthrow the NPP government through the ballot On December 7 general elections.

The inference is that, Despotism and Political Oppression breeds political instability because when the system fails the masses, the only option the masses have is to defend themselves and the Constitution that guarantees them of their civil rights and liberties which otherwise is being suppressed by Despotic rule of the NPP. So, from all indications, it is important to note that the political temperature of Ghana is at its highest level synonymous to that of 1979 and the need for state actors to ensure that events in Ghana today does not escalate political violence and political instability going into the December 7 general elections. State Actors must work acidulously in the interest of the people to protect the sanctity of our democratic processes that could guarantee the peace and stability of Ghana before, during and after the general elections. Against this backdrop, the Electoral Commission and the Judiciary are no exceptions. Should Ghana be thrown into a state of abyss and instability could be as results of how these State Actors conduct themselves in their quest to subvert the will of the Ghanaian people. That notwithstanding, the abuse of executive powers could also undermine the political stability of Ghana and the Ghana Police Service is no exception. The Police Service under Dr. Dampare has become too political and the recent arrest and abuse of the rights of the protestors against Galamsey depict the political nature of the Ghana Police Service. Some were arbitrarily arrested and others civil rights and liberties enshrined in the 1992 Constitution were taken away from them because they were torched and denied right to counsel and bail after their arrest for a misdemeanor offense.

Referring to the Electoral Commission, it has not demonstrated institutional will enough to protect the sanctity of our electoral processes beginning from the way and manner it conducted the voter registration exercise restricting it to only District Offices of the EC instead of decentralizing the process to polling centres which has been the status quo. Also, the missing BVDs and BRDs under unforeseen circumstances, manipulation of voter register and illegal transfer of votes by EC officials in the spectacle of politically exposed persons of the NPP managing the IT system of the EC and Commissioners who owes allegiance to the NPP and were appointed by the President oversee the affairs of the EC. Further, the integrity of the two printing hubs [Ghana Publishing Company and Bulk Press] assigned to print ballot papers is questionable. The reasons being that the Director General of the Ghana Publishing Service Mr. Asante was the Convener of “let my votes count” and offshoot of the NPP is also contesting as parliamentary candidate contesting on the ticket of the NPP in the Eastern Region. So, he could compromise his position since he has interest in who wins the elections because he is a politically exposed person who should not be a referee in this year’s elections. Bulk Press was also involved in illegal printing of over 1million ballot papers in 2020, a criminal offense that has been swept under the carpet by EC and the NPP government and recent disqualification of the NDC Parliamentary candidate in Amenfi Central, Western Region are all affront to democratic principles of Accountability, Transparency and integrity which the EC upholds

These factors enumerated above, could breed political instability and state of abyss if care is not taken by the EC if it fails to conduct free, fair and transparent elections in December. Public confidence in the EC is eroding as results of the EC perceived posture of doing the bidding of the NPP government that appointed them. Ghanaians are gradually believing that the EC is not ready to protect the sanctity of the elections and the general feelings of the masses is that, they will defend the Constitution of Ghana if the EC attempts to subvert the will of the people in choosing their own Leaders. So, this could be a threat to National Security and political stability of Ghana. On the matter of the disqualification of the NDC PC for Amenfi Central, is the worst decision the EC has taken since 1992. This is because the grounds on which the PC was disqualified is yet to be determined by Court albeit it is the same EC that declared the PC the winner of the NDC primaries and inducted her into the qualified Parliamentary Candidates qualified to contest as PCs for the upcoming general elections. So here, the EC is a walking contradiction and its decision is travesty of justice and a violation of the right of the disqualified candidate to contest the elections in December. The Judiciary especially the Supreme and High Courts have done great disservice to the State in terms of Justice Delivery under the Nana Akuffo Addo and Dr. Bawumia led government. They have been tagged as “Unanimous Fc” for a reason being that, they do the bidding of the NPP government. In fact most of these judges are politically exposed persons of the NPP who were appointed by the president same as the EC. One of the justifications was how the Supreme Court handled the 2020 Election Petition. The outcome of the hearing was scandalous because the Chairperson of the EC Jean Mensa who is the Returning Officer of General Elections was not allowed to testify in the witness box to be cross examined by the Plaintiffs who petitioned the Court unlike Dr. Afari Gyan who availed himself in 2012. This is an affront to democratic principle of accountability. Further, there have been so many scandalous decisions of the Apex Court that does not resonate with the people of Ghana especially how it handled the LGBTQI case which the Parliament of Ghana has outlawed and criminalized and requires a Presidential accent to pass the Bill into Law. The decision of the Apex Court to suspend hearing indefinitely stampedes of the Powers of the Legislature because under Separation of Powers, the Judiciary does not have superior authority over the Legislature.

Separation of Powers [SOP] is a key proponent of Baron De Montesquieu political theory of Governance. It was couched “Le Siec Du Humaire” [Spirit of the Law, 1748] which forms the basis of the establishment of the 3 Arms of Government i.e. The Executive, Legislature and the Judiciary. Montesquieu argued that each power should only exercise its own functions that; when Legislative and Executive powers are united in same person or in the same body of Magistrate, there can be no liberty because apprehension may arise, lest the same monarch or senate should enact tyranny laws to execute them tyrannically. Again Montesquieu argues that there is no liberty if the Judiciary is not separated from the Legislature and the Executive. Were it joined with the Legislative, the life and liberty of the subject would be exposed to arbitrary control; for the Judge will then be the Legislator. Were it is joined to the Executive powers; the Judge may behave with violence and oppression. There would be an end to everything, were the same body, whether of nobles or of the people, to exercise those three powers that of enacting laws, executing the public resolutions and trying the causes of individuals. Because, the judiciary ought to be independent and unchecked, Montesquieu then resolved that the independence of the judiciary ought to be real and not apparent. End.

So, with reference to Montesquieu Theory, it is explicit on the functions of the 3 Arms of Government that when one tries to exercise superior power over the other it breeds conflict and there would be no liberty. That if the Legislative powers is joined to the Executive or same as Judiciary, there will be no liberty, that if the Legislative powers is joined to the Judiciary the Judiciary would exercise arbitrary control and the Judge may behave with violence and oppression. These disputes that Montesquieu settled in the separation of powers is what has arisen in the legal framework of Ghana in recent times—the conflict between the Legislature and Judiciary. So, with reference to the Speaker of Parliament declaring 4 seats of parliament vacant, it is in line with the standing order of Parliament which the Judiciary has no jurisdiction over. The SOP clearly identifies that anytime the Judiciary interferes in the work of the Legislature, it assumes the role as Legislator and when the Judiciary is influenced by executive powers against the Legislature, the Judiciary exercises arbitrary powers which is violence and oppressive to the legislature. That is what the Executive and the judiciary are doing in contravention to the independence of the Legislature [parliament]

In the light of this development, the decision by Parliament to declare 4 seats vacant is valid and stands the test of time routed in the SOP and must be uphold by the Legislature in the spirit of the Law that establishes the 3 Arms of government. The supremacy of the Judiciary does not extend to the Legislature that has co-equal powers with the judiciary under SOP. This means that the Judiciary, the Supreme Court have no right to overturn a decision of Parliament let alone a stay of execution on a Parliamentary ruling except when it resolves to interpret a CI or an LI of Parliament. Stay of Execution is granted on judgment of a court ruling not Parliament. Nonetheless, there is nowhere in the Constitution that mandates the Judiciary to quash a ruling of the Legislature which represents people’s power. Parliament has its own laws and standing orders. Those are not subject to Judiciary interference let alone to quash a decision of Parliament which Montesquieu explained in detail in the SOP Theory. So, in our current predicament as a country, one could say that the Apex Court decision to grant stay of execution on the subject ruling of Parliament is scandalous and violates the rights and civil liberties of the Parliament of Ghana thus, the decision of the Apex Court is not binding on Parliament who exercises its mandate without interference of the Executive and the Judiciary. What the Chief Justice has done is wade war on natural justice and rule of Law against Parliament and have exercised arbitrary powers over the Legislature which is oppressive and violence as stated in the SOP Theory that, when Executive powers is joined with the Judiciary conflict arises. That is exactly what the NPP Caucus and the Judiciary seeks to do which Parliament must resist and ensure that all deliberations and rulings of Parliament are binding on all Parliamentarians and uphold by the Judiciary and the Executive. So, as it stands the NDC remains the Majority Caucus in Parliament and any attempt by the Judiciary to stampede on the legitimacy of Parliament amount to contempt of Parliament and overthrow of the 1002 Constitution for which reason, the Judiciary must be summoned by parliament to appear before it to face the full rigor of the Law and procedure.

To wit, the NPP government under Nana Akuffo Addo and Dr. Bawumia has failed Ghanaians. They are looking for an escape route to avoid justice and accountability of their stewardship so; they are now manipulating the Judicial system to their advantage, packed the Courts with NPP surrogates to do their bidding and other state institutions such as EC and Security Services to execute their mission. This is a government that promised to move the economy from taxation to production only to burden citizens with obnoxious and high taxes. They promised the stability of the Cedi and today the Cedi is one of the worst performing currency in Africa. They promised one village one Dam and today farmers are facing drought to harvest their crops. They promised to reduce fuel prices but today Ghana’s fuel is one of the most expensive in West Africa. They promised to build factories to address unemployment. Today Ghana can boast of high unemployment rate of about 15%. They promised to fight corruption using Anas principle and Today Nana Akuffo Addo and Dr. Bawumia is the most corrupt government since independence. The President promised to put his job on the line to fight Galamsey and today the Jubilee house is the hub of Galamsey Kinpins. In fact they promised heaven on earth for which reason Ghanaians voted for them but they have rather subjected Ghanaians to abject poverty, political oppression, social repression, despotic rule, institutionalized corruptions and most of all bad governance for which reason, the liberation of the Ghanaian people from mal administration of the NPP government is tied to the December 7 general elections.

So, events in Ghana today depict that the NPP government have plundered the state and this elections will afford Ghanaians the opportunity to overthrow the NPP government in a democratic process to pave way for a New Leadership to reset Ghana and bring the country to a status it deserves. A vote for the NPP will give them the opportunity escape accountability and loot the state the more. The 2^ND Independence of Ghana is on its way…Don’t be left out, Vote for Change.

MICHAEL RICHMOND SMART-ABBEY, PHD [POLITICAL & PUBLIC POLICY ANALYST, GOVERNANCE AND SECURITY EXPERT, WRITER & AUTHOR, COLUMNIST: MODERN GHANA NEWS WEBSITE, ICA TV NEWS AND EVENING TRIBUNE NEWS PAPER] smartabbeymichael2404@gmail.com

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