If the trial of James Gyakye Quayson is not handled diplomatically, senior political scientist Professor Ransford Yaw Gyampo predicts a conflict between the legislature and the judiciary.
According to him, it is fundamental to the exercise of democracy that the Member of Parliament for Assin North be permitted to speak for his constituents whenever necessary.
On Thursday, July 13, he stated that the continuing trial may lead to conflicts between the executive, legislative, and judicial branches of government, which is not good news for the nation.
“So, let the Gyakye Quayson matter be resolved in a manner that assures rule of law and 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,” he wrote
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Gyakye-Quayson MUST be in Parliament at all times to represent his people. 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.
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.
So, let the Gyakye-Quayson matter be resolved in a manner that assures rule of law and 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.
Yaw Gyampo
A31, Prabiw
PAV Ansah Street
Saltpond
&
Suro Nipa House
Kubease
Larteh-Akuapim
