Physician and political activist, Dr Arthur Kennedy, has described the court’s decision to cancel the parliamentary rerun in the Kpandai constituency as a major boost for judicial independence in Ghana.
Speaking on JoyNews’ Newsfile on Saturday, January 31, Dr Kennedy said the ruling should be welcomed, especially at a time when many Ghanaians doubt the neutrality of state institutions.
“There is a perception that our institutions, including the police and others, are very political. He added that many people believe that “when you are in power, it seems that a lot more things seem to go your way.”
Dr Kennedy said the Kpandai decision stood out. “I think that what happened, the thing that gladdens my heart is that it is a victory for the courts,” he stated.
He was reacting to arguments by the National Democratic Congress (NDC) in the past that the judiciary needed to be “rebalanced” or its posture “reset”. According to him, the latest ruling suggests a possible change in direction.
“To the extent that the NDC said there is a need to rebalance the courts or reset the posture of the courts, I think this shows that maybe, tentatively, we are heading in the right direction,” he said.
During the discussion, the host pointed out that the judges who sat on the case were appointed under the Akufo-Addo administration. Dr Kennedy said this fact made the ruling even more significant, but urged caution.
“My point, though, is that that is why I say we should say that cautiously,” he noted. He explained that the decision “telegraphs the independence of the courts, contrary to the anxieties that a lot of people expressed.”
Dr Kennedy also criticised the way politicians often react to court decisions. “Of course, politicians are opportunistic. When things don’t go their way, they call the court names. When things go their way, then they praise the courts,” he said.
However, he admitted that public suspicion of the judiciary did not come from nowhere. “To be fair to them, the history of our courts has not been good in terms of electioneering ruling,” he said, adding that “almost invariably, those in power tend to get more favourable rulings.”
He welcomed the Kpandai ruling as a positive sign. Referring to comments by political scientist Dr Osae Kwapong, Dr Kennedy agreed that public mistrust had “grounding”, especially given how quickly some cases were handled in the past, while others dragged on for months.
Still, he said the courts deserved credit this time. “I think we should praise the court that what has happened is a good augury for the future. I hope that it can continue for the sake of the independence of our judiciary and its reputation,” he said.
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Source: www.myjoyonline.com