The Minority in Parliament has stressed that even strong disagreement with a court judgment must be pursued strictly through lawful and constitutional avenues, as it welcomed the National Democratic Congress’ (NDC) expression of disagreement with aspects of the Supreme Court’s decision on the Kpandai parliamentary election.
In a statement on Wednesday, January 28, following the apex court’s ruling, the Minority said it takes note of the NDC’s concerns and its contemplation of a possible review but stated that Ghana’s constitutional democracy provides clear and orderly mechanisms for such dissent.
“The Minority affirms that, in a constitutional democracy, even strong disagreement with a judgment must be expressed through lawful avenues – reasoned critique, academic debate and, where available, the structured review procedures of the Supreme Court itself,” the Minority said.
The caution comes in the wake of the Supreme Court’s 4–1 decision to quash the judgment of the Tamale High Court, which had purported to annul the 2024 parliamentary election in Kpandai and order a rerun.
The Minority welcomed the ruling, describing it as a landmark decision that restores the unequivocal mandate lawfully conferred by the people of Kpandai on their Member of Parliament, Matthew Nyindam.
According to the Minority, the Supreme Court’s decision reaffirms the primacy of the Constitution, due process and electoral finality, while clarifying that the High Court lacked jurisdiction because the election petition was filed outside the strict statutory timelines prescribed by law.
By setting aside the High Court’s judgment in its entirety, the apex court, the Minority noted, has confirmed that there will be no rerun in Kpandai and that Mr Nyindam remains, in law and in fact, the duly elected Member of Parliament for the constituency.
While acknowledging the NDC’s right to disagree with aspects of the ruling, the Minority warned against any recurrence of attempts to “weaponise an unfinalised judgment” to alter the composition of Parliament or force a constituency back to the polls while legal processes are still ongoing.
“What must never recur is the attempt to weaponise an unfinalised judgment, still under challenge, to alter the composition of Parliament and to send an entire constituency back to the polls prematurely,” the statement said.
The Minority stated that the Supreme Court’s ruling has finally restored and protected the right of the people of Kpandai to representation, noting that their will, as expressed at the ballot box on December 7, 2024, has now been affirmed by the highest court of the land.
They also expressed appreciation to the Supreme Court bench, saying that although the full judgment is yet to be released, the summary delivered in open court signals an important clarification of the law on jurisdiction and timelines in election petitions.
The Minority further commended the legal team of Matthew Nyindam for what it described as tireless and brilliant advocacy in defence of the rule of law.
Read the full statement below
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Source: www.myjoyonline.com