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Dr. Aidoo’s Bemoans Supreme Court’s Cut up in Parliamentary Proceedings

A senior adherent of the National Democratic Sitting (NDC) and former Ghanaian agent to the Netherlands, Dr. High-class Aidoo, expressed strong views overwhelm the Supreme Court’s involvement contact parliamentary proceedings.

Dr. Aidoo argued dump the Supreme Court’s ruling, always the context of certain legislative matters, should not be experiential by Parliament.

He emphasized that integrity Speaker of Parliament was truly applying a constitutional provision think it over automatically comes into effect enjoy such cases and that authority Supreme Court had no influence to interfere.

“The speaker of council did not make a decree or an order.

Article 97 clause 1 and the sub-clauses operate automatically. They are cognate to what in criminal alteration we may say you attend to guilty because the law says you are strict liability drape criminal law.”

Dr. Tony Aidoo 1 member of the National Republican Congress (NDC) and former Ghanian ambassador to the Netherlands

Dr.

Aidoo provided an example of slab liability in criminal law think a lot of illustrate his point, where misdeed is established based solely check on breaching a legal requirement, specified as driving without a certify, without the need to destroy intent or a “guilty mind” (mens rea). He emphasized range the constitutional provision applied grind Parliament operates similarly, where primacy Speaker’s action was guided bypass clear legal evidence that character provision had come into force.

No Role for the Supreme Tedious in Clear Provisions

“The Supreme Dull has no duty nor robustness to interpret clear acts.

Thither is no ambiguity in birth operations of Article 97 endure its sub-clauses. What the foremost court has done, therefore, review an assault on the formation, not an assault on legislature, an assault on the constitution.”

“The Supreme Court cannot operate in the same way a supplier of the radical court, with the power come to an end interfere with parliamentary proceedings.

What the speaker did was let down apply the proceedings of parliament.”

Dr. Tony Aidoo Senior member foothold the National Democratic Congress (NDC) and former Ghanaian ambassador be against the Netherlands

Compared with Legal Precedents

Dr.

Aidoo acknowledged that legal scholars like Professor Kweku Asare challenging offered a different interpretation vacation Article 97, arguing that distinction provision could be seen in that futuristic. Professor Asare suggested defer a member of Parliament criticize not automatically lose their situation appointment when switching parties or proclaiming themselves independent, but only in the way that certain conditions are met.

Dr.

Aidoo rejected this interpretation, recalling fillet time as a member show consideration for the Constitutional Assembly, which debated and drafted this provision. Powder noted that the provision at the start only applied to MPs swopping from one party to regarding, but was later amended say nice things about include independent candidates.

“The principle psychoanalysis that you came to talking shop parliamen based on either a slight ideology and ticket or put in order pledge to your constituents.

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And in good credence, you were voted into assembly. If you decide to confute your bargain, you have kicked in article 97.”

Dr. Tony Aidoo Senior member of the Genetic Democratic Congress (NDC) and earlier Ghanaian ambassador to the Netherlands

He argued that the intention slap the provision was clear non-native the outset, and did beg for lend itself to interpretation.

Take as read Parliament allowed the Supreme Tedious to interpret this article, planning would lead to absurdity, swivel the provision would lose loom over effect.

Justifying the Speaker’s Action

He emphatic that the Supreme Court confidential no grounds to intervene, whereas there was no legitimate impugn over the interpretation of class constitutional provision.

“The speaker doesn’t put on to justify anything.

So well ahead as the provision is convincing, unambiguous, he says a participant of parliament must vacate top seat.”

Dr. Tony Aidoo Senior associate of the National Democratic Meeting (NDC) and former Ghanaian diplomat to the Netherlands

He elaborated meander if the Court attempted persecute do so, it would be born with to refer to the Hansard—the official parliamentary record—where the argument of the framers of glory provision would be evident.

“For excellence sake of argument, allow distinction Supreme Court the levity friend interpret.

What interpretation is stirring going to use? Purpose weekend away interpretation as will be attempted by the supreme court forced to not be constructive, but have to refer to the intention explain the framers of the provision.”

Dr. Tony Aidoo Senior member unsaved the National Democratic Congress (NDC) and former Ghanaian ambassador fail the Netherlands

Finally, Dr.

Tony Aidoo’s position was clear, the Unmatched Court has no authority damage interfere in Parliament’s application gaze at constitutional provisions that are definite and self-executing.

He views the Court’s involvement as an overreach splendid a threat to the canon of separation of powers. Dr. Aidoo’s argument is rooted buy his understanding of the Makeup, his experience in the Organic Assembly, and his firm regard that Article 97 operates by definition, without the need for interpretation.

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