Audio By Carbonatix
A political scientist at the University of Ghana, Prof Ransford Gyampo has called for government to let Assin North MP James Gyakye Quayson's case be resolved in a manner that assures the rule of law.
This, he says is to “ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government.”
The embattled lawmaker is standing trial for forgery and perjury after he was charged by the Attorney-General.
He is also accused of deceiving a public officer and knowingly making a false declaration when he filed nominations to contest in the 2020 election when he had not renounced his Canadian citizenship.
For this reason, he has to miss parliamentary proceedings whenever there is a court hearing.
According to Prof Ransford Gyampo, Gyakye-Quayson must be in Parliament at all times to represent his constituents.
He noted that “Any court judgement that is not tailored to respect this elementary principle of democratic representation, would bring an unnecessary confrontation between the Legislature and the Judiciary.”
“This potential confrontation, if not anticipated by wise people and prevented through dialogue, may eventually result in some defiances, lawlessness through the flexing of muscles and governmental ungovernabilities,” headed.
He cited a number of instances to support his stance.
"The signs of these are becoming clearer by the day. For instance, in the recent case of Ezuame Mannan Vs Attorney General, the Supreme Court shot down article 42 of the Narcotics Control Commission Act as being unconstitutional.
"But just days ago, an amendment to the Act which achieves the same effect the Supreme Court frowned upon, has been introduced. So it is possible that the Judiciary may rule but the Legislature may also act in defiance in a manner that may point to muscle flexes and lawlessness.
"By the dogmas of A.V. Dicey’s conception of Checks and Balances, it must be noted that the Executive arm of Government, particularly in a regime of a Hung Parliament, cannot be superior to the Legislature. The Judicial arm of Government is also not superior to the Legislature and the Legislature is itself also not superior to the two other arms of government.
"These three organs of government have coexisted and the earlier we act swiftly to prevent their peaceful coexistence from degenerating into naked muscle flexing and power play, the better it would be for all of us," he stressed.
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