Former Senior Presidential Aide Dr. Tony Aidoo has criticised the Supreme Court for what he describes as a systematic erosion of parliamentary authority and a violation of the principle of separation of powers.
This follows the Supreme Court in its ruling on a case challenging the Speaker of Parliament, Alban Bagbin’s ruling on the vacation of certain parliamentary seats, declaring that Members of Parliament vacate their seats if they switch parties during the tenure of the current parliament.
Speaking on JoyNews’ Newsfile on November 16, Dr. Aidoo argued that the Court’s handling of the vacant seat controversy risks positioning itself as a “supra-constitutional body,” adding that it does not have the right to do that.
He contended that the case should have been referred to a tribunal of facts rather than the Supreme Court for interpretation.
“The effect is that the Supreme Court is steadily and systematically chipping away at Parliament and breaching the principle of separation of powers,” he claimed.
Mr Aidoo further accused the Supreme Court of “destroying the cause of Ghana’s democracy.”
Dr. Aidoo also advocated for the use of a purposive approach in interpreting constitutional provisions, referencing the UK House of Lords’ 1975 decision to trace legislation back to its source.
He criticised the Supreme Court for failing to refer to the Hansard, which captures the debates of Ghana’s Consultative Assembly, arguing that this would have clarified the intent of the constitutional provision in question.
“You don’t sit down and use a literal interpretation,” he remarked.