Senior Political Science lecturer, Professor Ransford Gyampo, has predicted a confrontation between the legislature and the judiciary if the trial of Assin North Member of Parliament (MP), James Gyakye Quayson, is not handled tactfully.
According to him, Mr Quayson should be allowed to represent his people at all times which is elementary in the practice of democracy.
He stated that the continuous trial may cause disagreements among the three arms of government -Executive, Legislature, and Judiciary – which does not augur well for the country.
“So, let the Gyakye Quayson matter be resolved in a manner that assures rule of law and ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government,” he said.
Below is his statement:
Gyakye-Quayson MUST be in Parliament at all times to represent his people. Any court judgement that is not tailored to respect this elementary principle of democratic representation, would bring an unnecessary confrontation between the Legislature and the Judiciary.
This potential confrontation, if not anticipated by wise people and prevented through dialogue, may eventually result in some defiances, lawlessness through the flexing of muscles and governmental ungovernabilities.
The signs of these are becoming clearer by the day. For instance in the recent case of Ezuame Mannan Vs Attorney General, the Supreme Court shot down article 42 of the Narcotics Control Commission Act as being unconstitutional. But just days ago, an amendment to the Act which achieves the same effect the Supreme Court frowned upon, has been introduced. So it is possible that the Judiciary may rule but the Legislature may also act in defiance in a manner that may point to muscle flexes and lawlessness.
By the dogmas of A.V. Dicey’s conception of Checks and Balances, it must be noted that the Executive arm of Government, particularly in a regime of a Hung Parliament, cannot be superior to the Legislature. The Judicial arm of Government is also not superior to the Legislature and the Legislature is itself also not superior to the two other arms of government.
These three organs of government have coexisted and the earlier we act swiftly to prevent their peaceful coexistence from degenerating into naked muscle flexing and power play, the better it would be for all of us.
So, let the Gyakye-Quayson matter be resolved in a manner that assures rule of law and ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government.
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