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Martin Kpebu Criticizes Political Bias in Supreme Court Appointments Amid Bagbin Seat Dispute

Parliament Adjourned Indefinitely

Martin Kpebu Criticizes Political Bias in Supreme Court: Private legal practitioner Martin Kpebu recently expressed concerns regarding the political nature of Ghana’s Supreme Court appointments, suggesting that justices are chosen based on their affiliations with either the New Patriotic Party (NPP) or the National Democratic Congress (NDC).

Speaking on TV3’s Key Point program on November 2, Kpebu described the Court as a “political organization” where affiliations, rather than examinations, determine appointments to the highest court.

Kpebu’s comments came amid a broader discussion on a recent Supreme Court ruling that dismissed an application by the Speaker of Parliament, Alban Bagbin, who sought to set aside the court’s orders regarding four parliamentary seats declared vacant. Kpebu observed that the matter is fundamentally a political issue between the NPP and NDC under the guise of constitutional interpretation, highlighting that “the constitution has given so much power to the president to appoint,” making the court’s decisions susceptible to political influence.

Bagbin’s appeal aimed to nullify the Supreme Court’s stay on his ruling concerning the four seats and to prevent Majority Leader Alexander Afenyo-Markin from pursuing further judicial intervention on this issue. Bagbin’s lawyer, Thaddeus Sory, argued that the court overstepped its bounds by suspending the Speaker’s decision, asserting that the ruling was within Parliament’s domain and thus beyond the judiciary’s authority. The argument centered on the notion that a stay of execution typically applies only to judicial rulings, not parliamentary decisions.

Martin Kpebu Criticizes Political Bias in Supreme Court

The Chief Justice’s ruling countered Bagbin’s position, however, by emphasizing the urgency of resolving the matter to prevent potential harm to constituents who might be left without representation if the vacant seats issue is not addressed swiftly.

According to the Chief Justice, “Given the irreparable harm that could be caused to the constituencies… it is necessary for this court to address this dispute promptly.” She noted that, with streamlined procedural steps, the case could have been concluded within 10 days, rather than delaying constituents’ representation through a protracted judicial process.

Also read: Benjamin Yemoh Tetteh Seeks Judicial Backing for Declaration of Parliamentary Seats as Vacant

To expedite the proceedings, the Chief Justice proposed shortening the standard 14-day period, requesting that parties submit their statements within seven days to facilitate an expedited resolution. This approach aimed to ensure that Ghanaian citizens are not deprived of representation, particularly as the December 7 election approaches, underscoring the judiciary’s role in balancing legal matters with public interest.

Kpebu’s remarks reflect ongoing concerns about the influence of political affiliations in judicial appointments and the potential impact on judicial independence.

Martin Kpebu Criticizes Political Bias in Supreme Court

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