Supreme Court’s Reckless Bias: Ghana’s Judiciary Courts Chaos and Fuels Rising Discontent

In a stunning display of judicial bias, Ghana’s Supreme Court has once again overstepped its mandate, blocking Speaker of Parliament Alban Bagbin’s lawful declaration of four parliamentary seats as vacant. This brazen act reeks of political interference and echoes the dark chapters in Ghana’s history, where collusion between political elites and a compromised judiciary eroded democratic foundations. Actions like these once pushed Ghanaians to resort to coup d’états, as trust in leaders who wielded power recklessly waned, igniting chaos and dismantling the hope of a fair and just society.

Speaker Bagbin’s decision, rooted in Article 97(1)(g) of Ghana’s 1992 Constitution, reflects an adherence to rule of law and the clear framework laid out for MPs who abandon the party under which they were elected or choose to contest independently. This constitutional provision stipulates that such MPs must vacate their seats. Yet, the Supreme Court intervened with a stay on Bagbin’s ruling, claiming it sought to protect “representation” by preventing these seats from being declared vacant, even as Parliament neared recess. This selective reasoning undermines the principle of separation of powers, as it disregards Parliament’s autonomy in matters that are non-judicial in nature and specifically under its purview. By stepping into parliamentary territory, the judiciary overreaches its authority and threatens to destabilize Ghana’s democratic checks and balances, a cornerstone for safeguarding an independent Parliament.

Chief Justice Gertrude Torkonoo’s ruling, ostensibly to “protect representation,” rings hollow in light of the Supreme Court’s silence on the disenfranchised people of Santrokofi, Akpafu, Likpe, and Lolobi (SALL), who have had no parliamentary representation since 2020. The court’s sudden concern for preserving representation, while ignoring SALL’s years-long disenfranchisement, exposes a selective and politically motivated application of judicial power designed to favour the ruling party’s waning majority. This is not a concern for democracy but a manoeuvre to shield the ruling party from the natural consequences of parliamentary decisions.

The judiciary’s actions go beyond Ghana’s borders, drawing international attention as they imperil democratic governance and strain the nation’s stability. Global institutions committed to upholding democratic values, like the African Union and the Commonwealth, as well as international human rights bodies, are now questioning the integrity of Ghana’s judiciary. By flouting its obligation to impartially uphold the rule of law, the judiciary risks eroding public trust entirely, while tarnishing Ghana’s hard-won democratic reputation. Ghana is now dangerously close to echoing the troubling paths of nations like Poland and Hungary, where judicial independence was sacrificed to serve ruling-party agendas.

Adding a crucial layer to this mounting discontent, the United States has issued a powerful warning to those jeopardizing Ghana’s democracy, imposing visa restrictions on individuals undermining the country’s democratic integrity. These sanctions underscore that corrupt officials can no longer destabilize Ghana and flee unscathed to foreign shores, leaving the nation to bear the consequences of their actions. Such a message is clear: those who dismantle democratic values will face accountability, regardless of borders. The judiciary’s mandate is to safeguard democracy, not to serve as a puppet for political interests, and its reckless disregard for the constitutional separation of powers sends Ghana down a path of instability.

To Ghana’s Supreme Court and political elites: remember that your actions today may spark the very unrest that once tore this country apart. If the judiciary undermines its duty and props up partisan agendas over justice, the people of Ghana may not remain idle while democracy is set ablaze. Ghana deserves a judiciary committed to justice and constitutional integrity, not one that gambles with its future for political gain. The international community is watching closely, and history will be unforgiving to those who betray the public trust.