Gyampo Urges Consistent Standards in SC Handling of Representation Cases Amid SALL Constituency Crisis
Gyampo Urges Consistent Standards in SC: University of Ghana Professor Ransford Gyampo has urged the Supreme Court of Ghana to uphold consistent standards and avoid double standards in addressing cases related to parliamentary representation.
Gyampo’s comments come in response to the Court’s recent decision to reject an application from Speaker of Parliament Alban Bagbin, who sought to stay the ruling that declared four parliamentary seats vacant. The Court justified its decision by emphasizing the need to prevent the affected constituencies from remaining unrepresented.
However, Gyampo pointed out that the same concern has not been shown for the people of Santrokofi, Akpafu, Likpe, and Lolobi (SALL), who have been denied parliamentary representation since the 2020 elections.
Speaking on TV3’s Key Points program on November 2, Professor Gyampo expressed alarm over what he perceives as a contradiction in the Court’s actions, highlighting that well-meaning Ghanaians should be concerned about the potential for double standards. He cited recent Afrobarometer surveys indicating a public perception of bias within the Court and warned that inconsistent rulings could deepen this mistrust. Gyampo questioned, “Supreme Court, are you aware that the people of SALL have been denied representation for four years?” He underscored that the Court’s decision in the vacant seat case should be aligned with broader concerns for democratic representation and equity.
The background to the issue dates to Speaker Bagbin’s initial parliamentary ruling, which declared four seats vacant following MPs’ intentions to contest as independent candidates. The decision was immediately contested, and Bagbin’s lawyer, Thaddeus Sory, argued that the Court’s intervention to suspend the Speaker’s ruling was an overreach. Sory maintained that the Court’s authority to stay execution applies primarily to judicial rulings, not to parliamentary decisions, which are not within the judiciary’s remit under the Constitution of Ghana.
Gyampo Urges Consistent Standards in SC Handling of Representation Cases
In her ruling, however, Chief Justice Gertrude Torkonoo defended the Court’s decision, emphasizing that the need for constituents to have continuous representation outweighed procedural limitations. She expressed concern over the “irreparable harm” that could arise if the constituencies affected by the Speaker’s decision were left without MPs just weeks before the December 7 general elections. Chief Justice Torkonoo explained that it was crucial to settle the dispute expediently to protect the democratic rights of the constituencies.
To expedite the resolution, the Chief Justice proposed a fast-tracked judicial process to address the issue within a 10-day period, bypassing the usual 14-day timeline. She directed all parties involved to submit their claims within seven days, ensuring that the Court could reach a final decision quickly. This accelerated timeline, she noted, would have addressed the concerns of all parties within the time initially requested by Speaker Bagbin’s application.
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In closing his remarks, Professor Gyampo emphasized the importance of the Supreme Court maintaining a consistent and fair approach to upholding the rights of all Ghanaian constituencies. He urged the Court to recognize the significant impact its decisions have on public trust and the integrity of democratic governance in Ghana.
Gyampo Urges Consistent Standards in SC Handling of Representation Cases