Litigation is simply when parties to a dispute invite the court to settle their issue, matter or difference.
As we know, the courts are clothed, empowered, authorized and mandated to settle all differences from criminal, civil and constitutional.
The laws of Ghana also allow that some matters can be settled at home, mosque, church,school, office and even under tress.This method is known as the Alternative Dispute Resolution ( ADR).ADR Act, 798, 2010).
The application of this method is only for civil Disputes like marital, landlord and tenant feud, child maintenance,land matters, breach of contract,trust and battery, that’s wrongful application of force on another, will etc.
Criminal and constitutional matters are determined by the courts.Homes, Mosques, churches are not the avenues for their resolution.
The case of Afenyo Markin against the Speaker of Parliament is on the interpretation of the Constitution specifically article 97 ( g $ h clauses).
The 1992 Constitution of our Republic, Ghana gives the Supreme Court the jurisdiction, power, mandate and authority to be the only Court to interpret and enforce the Constitution.Finito.!
Last Tuesday’s ruling by majority 5-2 decision has closed the chapter on the action of the Speaker.
The decision of the Court meant that the action of the Speaker was null and void.The Speaker didn’t have the locus to take that decision.
The losing party can go for a review as the rules allow the Supreme Court to depart from its earlier decision.But for now Afenyo Markin has sailed through.
The Speaker of Parliament does not have the locus to vacate the seats of those four Members of Parliament as stated in the ruling) judgment of the SC.
It must be noted that, Ghana practices the Constitutional Supremacy not the Parliamentary Supremacy.
It is therefore apt that all the three arms of the State are independent but their actions can be tamed by the Constitution via the Court if they are unconstitutional, unlawful, illegal and they act ultra vires.
Parliament is mandated to make laws for the State.If the law or laws are not consistent with the Constitution,the laws can be declared as null and void with no any legal effects by the SC.
It simply tells us that Judiciary is the custodian of our laws when it comes to the interpretation and judicial decisions.
All, from the President,Vice President, Speaker of Parliament,the Chief Justice and everyone is under the remit or control of the Constitution of our country.
The law is the law until it has been amended,every law is a law as far as it falls within the conclave of our laws.
The Supreme Court didn’t make itself powerful as being suggested by some legal and non legal analysts,it is the Constitution that makes it as such.
It must also be stated that in Litigation, there are winners and losers.It is the reason why the judges sit as odd numbers from 1,3,5,7,9, etc.
Res judicata, litigation must come to an end no matter how the matter or the issue had journeyed.
The apex Court has spoken.The Victor can celebrate and the Vanquished also has the right to go for a review.
We must appreciate the use of constitutional and Lawful procedures to resolve our differences, any other antagonistic method should be discarded.
Our Judicial institutions especially the courts: District, Circuit, High Court, Appeal Court and the Supreme Court must be allowed to perform their duties without unnecessary interference and insults.
To recap, Ghana does not have Parliamentary Supremacy rather we have Constitutional Supremacy.
The Constitution comes before any law from legislation,common law, equity, customary, orders or any enactments.
God bless our homeland Ghana and make it great and strong.
Source: Ahmed Osumanu Halid
