Minority Legal Counsel in Parliament and Member of Parliament for Suame, John Darko, has suggested that the position taken by the Attorney General in the ongoing Office of the Special Prosecutor (OSP) case may be interpreted as reflecting the stance of the Executive.
Speaking in an interview on Joy FM’s Top Story on Thursday, April 23, Mr. Darko argued that because the Attorney General represents the state in court, his legal arguments in the case before the Supreme Court cannot be easily separated from the broader position of government.
He said this has become especially significant in light of public debate over whether the President should make a public statement on the matter or allow the judicial process to proceed without executive commentary.
According to him, while the case is currently before the courts and must be handled with caution, the Attorney General’s filings may still be seen by observers as indicative of the government’s position.
“If the Attorney General is in court making arguments on behalf of the state, then people will naturally read that as the position of the Executive,” he suggested.
Mr. Darko noted that although the President cannot be compelled to comment on a matter before the judiciary, public interpretation of “government silence is inevitable, especially in high-profile constitutional and institutional disputes.”
“If the President will not speak on the matter, that is fine. Nobody can force him to speak, but people will draw conclusions,” he added.
He also referenced past instances in which the Executive has intervened in political or legislative matters, arguing that such precedents influence public expectations in the current debate.
However, he cautioned that the matter remains sub judice and should be determined solely by the Supreme Court without external interference or attempts to direct its outcome.
His comment was in response to a question on why Civil Society Organisations and the Minority are mounting pressure on President John Dramani Mahama to comment on the Office of the Special Prosecutor (OSP) matter while the case is still before the Supreme Court.
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Source: www.myjoyonline.com