Pumpuni Asante calls for Supreme Court restraint in political cases
Kojo Pumpuni Asante, Director of Programmes and Policy Engagement at CCD-Ghana
Dr. Kojo Pumpuni Asante, Director of Programmes and Policy Engagement at the Centre for Democratic Development (CDD-Ghana), has expressed his belief that the Supreme Court should avoid sitting on certain political cases.
Read full articleHe emphasized that continuous adjudication of political matters by the apex court could potentially compromise the principle of checks and balances, as it would consistently involve the court in political affairs.
Speaking on JoyNews' Newsfile on April 13, Dr. Pumpuni Asante suggested that in situations where politicians disagree on issues, they should seek resolution through other institutions instead of bringing the matter to the court.
He highlighted concerns about the perception of bias and the independence of the court, particularly regarding the Chief Justice's discretion in empanelling judges for election-related cases.
"I think sometimes, there are cases that the Supreme Court should not be dealing with. These are political matters that probably need to stay in Parliament or other places because the more you take on these cases, anytime you take a decision, one person loses," Dr. Pumpuni Asante said.
He also stressed the importance of the court finding legal grounds to decline sitting on certain cases, rather than simply avoiding them based on personal preference.
He warned that allowing the court to be constantly involved in political matters could lead to it becoming an extension of Parliament, potentially undermining the system of checks and balances.
Dr. Pumpuni Asante also highlighted the prevalence of post-election disputes in many African countries, suggesting that without proper management, the Supreme Court could find itself presiding over political matters throughout the year.
He emphasized the need to reevaluate the legal framework to limit and mitigate such issues, pointing out that election adjudication has become a common occurrence in West Africa, irrespective of the election results.
"We have to look at the legal arrangement that you are making to limit and mitigate that problem. Otherwise, if you look across West Africa now every election there is election adjudication and it is rampant. So it is not even the results that are being contested," he added.
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