A former Deputy Attorney-General and Minister for Justice, Joseph Dindiok Kpemka Esq, has expressed concern over the definitive and regrettable pronouncements made by individuals regarding the passage of the Anti-LGBTQ+ bill by Parliament.
According to him, the sole authority vested with the right to declare the constitutionality or otherwise of a law passed by Parliament is the Supreme Court.
Speaking on JoyNews’ Newsfile on Saturday, March 2, Mr Kpemka said that people should refrain from making conclusive statements until the Supreme Court delivers a pronouncement on the matter.
“Until the Supreme Court makes a pronouncement, whatever you say, those your beliefs, those things that you think are unconstitutional—until it is definitely pronounced upon by the Supreme Court and give credence to what you are speculating, what you are saying remains in the realm of conjecture and personal opinion,” he said.
Mr Kpemka explained that individuals should not assume that their perspectives are straightforward and that the Supreme Court may uphold their positions.
The Deputy-Attorney General and Minister for Justice emphasised that the Supreme Court, through purposive interpretation applicable in every case, has the authority to interpret and apply the law in ways that align with societal norms.
“Therefore, those who are concluding that the law, in its current state and form, is unconstitutional may be mistaken because until the pronouncement is definitively made by the Supreme Court, we cannot come to that conclusion."
“When the matter is brought before the Supreme Court, there will be two sides of the coin, the argument will be espoused and the constitutional principles that each of them is seeking to say have been infringed upon will be espoused and it's for the Supreme Court to make a determination,” he said.
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