How do NDC understand Checks and Balances regarding Separation of Powers…?

There are three arms of government, namely the Executive, Legislature, and the Judiciary. The Executive is the president and his cabinet ministers running the affairs of the country. The Legislature is the law-making body referred to as parliament, thus, the body/house of the elected representatives of the people from the various constituencies. And finally, we have the Judiciary constituting the Chief Justice, the judges of the courts and the law courts. This is a brief explanation of the three arms of government that run any democratic state.

The constitution guarantees them independence from one another in the exercise of their duties and defines their separate duties hence, the separation of powers.

This quick publication is following the recent authoritarian behaviour by the Speaker of Parliament, Mr Alban Bagbin, on the sacking of four parliamentarians (one from NDC and three from NPP) from parliament for deciding to go independent in the upcoming 7 December 2024 general elections.

His action was challenged by the NPP majority leader in parliament, Mr Alexander Afenyo-Markin, by seeking clarification and interpretation of the constitutional clause and or, precedent that Speaker Bagbin invoked to sack those four parliamentarians.

Where did the NPP leader go to seek such assistance? He went to the Supreme Court (Judiciary).

The Judiciary is there to ensure that laws are obeyed by interpreting them and subsequently punishing offenders. The Judiciary is there to make sure that the Executive or the Legislature does not overstep their boundaries as may be demarcated to them by the constitution and again, supervise the obeisance of the laws of the land by the citizenry hence their role of checks and balances.

If the Judiciary was not there, the Executive could arrogate to itself authoritarian powers and does whatever it wants in the country. Similarly, the Legislature could do same, acting anyhow as exemplified by the recent action of the Speaker of Parliament, Mr Alban Bagbin.

As the Supreme Court (the Highest Court of the Land), being the apex of the Judiciary, is there to address constitutional matters, and the final place people can go to for the interpretation of matters bordering on the constitution has spoken and declared her views on Bagbin’s action, why should the NDC tell the nation differently?

Many an ignorant person in the nation, and especially among the NDC parliamentarians and leadership, believes that the Supreme Court has nothing doing with matters of parliament hence should not poke their nose into the sacking and declaration of vacancy of the four parliamentarians and their seats, respectively.

If the Supreme Court could not interpret and enforce the constitution, where will we draw the “checks and balances” from to maintain orderliness and prevalence of peace in the country?

All the three branches of government draw their powers and delimitation from the constitution, and it is the defined role for the Judiciary to interpret the constitution when and where doubts are raised. They are the final arbiter in matters of constitutionality.

Speaker Bagbin erred in his action. NDC parliamentarians and their leadership and supporters also have erred by being ignorantly supportive of Mr Bagbin by saying and believing that parliament is independent of the Judiciary and the Executive so the Supreme Court should butt out of issues decided in parliament.

How exponentially ignorant could they be, lawmakers indeed!

NDC and their leadership and supporters had better go and read about the “separation of powers and checks and balances” in democracies to stop their oftentimes bestial tendencies to act roguishly.

The writer has had enough of their machismo nonsenses and lawless behaviours.

The writer has spoken, courtesy of the Nigerian YouTuber Agaba the philanthropist.

Rockson Adofo