Audio By Carbonatix
Dear Mr. Speaker, a while ago, I published an open letter to the Chief Justice of our Republic, Her Ladyship Justice Gertrude Araba Esaaba Sackey Torkornoo. The sentiments contained in that letter came from puritanical intentions and aligned, I believe, with pervasive public perceptions of our apex court.
I argued that the waning trust in the judiciary is a major risk to our democracy. We may have enjoyed over 30 years of our 4th Republic, but we should not get too comfortable. Reports of democratic recession globally and a disenchanted African youth must guide our governments and leaders. The disillusionment of many in the failure of our democracy to deliver the promises of our 1992 Constitution paints more a fragile democracy. Please let's not take our progress for granted.
Mr. Speaker, following the dismissal of your motion to have the Supreme Court vacate its orders in the Afenyo Markin vs. The Speaker case, there are many expecting that you will ignore the apex court and proceed in an assertive fashion. Well, you may do that, perhaps with limited consequences for your person as the rest of us would have faced if we disobeyed the Supreme Court. But that may be High Crime. One that must be punished irrespective of whose ox is gored.
While the hawks would applaud the no-nonsense 'kinkong' Bagbin persona on the sidelines, it would ring uncertainty, or even doom, for our democratic governance. Our Constitution has granted hegemony of adjudicative powers in our courts, and installed the Supreme Court as the final arbiter in that enterprise.
Your disrespect of the court's decision will set a dangerous precedent and disturb the harmony in our governance institutions. Can you imagine the anarchy of having the various arms of government opt to disregard the orders of the Supreme Court? May be the citizenry and security agencies will follow suit and there goes our statehood.
The constitution envisages the occurrence of conflicts in the everyday dealings of the citizenry as well as the dealings of our governance structures. For the sustenance of governance and the progress of the State, conflicts cannot be allowed to continue in
perpetuity and for which reason, the Supreme Court in Article 129 is charged with bringing finality to conflicts, including conflicts with itself. 'We-the-people' through the constitution, empowered it with counter majoritarian powers. We did this in full knowledge that it may hurt intertemporally but sure provides structural stability for the advancement of the State.
Respectfully, Mr. Speaker. Like all of us, you are entitled to disagree with rulings and judgments of the court when they are perverse, or even threaten the ideals of our Constitution. The mere existence of a flaw in the court's decision does not necessarily mean it should be disobeyed, any more than the mere existence of a bad character trait in a child means he should be abandoned. It is true that the indeterminacy and manipulability of law means a court's decision can sometimes be atrocious, offensive and a desecration of justice. But disobedience resets our governance systems to a primordial anarchic state.
Judges themselves accept that they can be wrong. It was a former Nigerian Chief Justice, Chukwudifu Oputa, who said that the law is what the Supreme Court says it is even when it is wrong. In other words, a court's decision may be subject to decisive objections, like this current one, but until reversed, or steps are taken to change it, must be obeyed, nonetheless.
Mr. Speaker, while the hawkish voices may be loud, cacophonous and tempting, I strongly urge you not to fall into the trap of counter-productive inter-organ collision which now threatens the efficiency of our state.
I urge you to put country first and save our democracy from the excessive partisan polarization we face today.
If you can do this, your place in our history as an extraordinary statesman is assured.
From the caves of Klefe-Demete, my humble village, I remain.
Senyo K. Hosi PS: Dear Speaker Alban, it's not time to be Man, it's time to be Statesman, posterity will be kind to your time.
Latest Stories
-
TTAG raises alarm over proposed recruitment of 7,000 teachers, demands national posting roadmap
14 minutes -
Civilians feared killed after reports of air strike on Nigerian market
24 minutes -
Bishop Simon Kofi Appiah installed as new Jasikan Diocese Bishop
25 minutes -
Trump’s Strait of Hormuz blockade threat raises risks and leaves predicaments unchanged
27 minutes -
US Court backs extradiction of former MASLOC CEO Sedina Tamakloe-Attionu’s to Ghana
46 minutes -
Seven arrested as NAIMOS dismantles illegal mining camp, seizes firearms at Boin River
48 minutes -
Fire erupts at Madina Ritz Junction, destroys multiple wooden structures and containers
1 hour -
Daniel-Kofi Kyereh returns from long-term injury, registers assist for Freiburg U23
1 hour -
Knifeman calling himself ‘Lucifer’ slashes three at NYC’s Grand Central
1 hour -
Brands are built from within to without
1 hour -
Matriculants urged to pursue excellence as gov’t reaffirms support for Maritime education
2 hours -
See the areas that will be affected by ECG’s planned maintenance on Monday, April 13, 2026
2 hours -
GPL 2025/26: Salim Adams double fires Medeama back to summit after Kotoko rout
2 hours -
Two robbery suspects convicted following violent gold dealer attack in Obuasi
2 hours -
Supreme Court @150: Fanfare meets reflection as nationwide activities roll out
2 hours