Vacant seats: Judiciary has become a playground for politicians – Franklin Cudjoe

The president of IMANI Africa, Franklin Cudjoe, has expressed disappointment in Ghana’s judicial system, particularly with several recent rulings.

His comments followed the Supreme Court’s decision to overturn Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant.

In an interview Mr Cudjoe accused the judiciary of becoming increasingly politicised, alleging that it is being used as a playground for politicians.

The IMANI boss expressed worry over the perceived partiality within the judicial system and urged Chief Justice Gertrude Torkornoo to ensure that the integrity of the judiciary is preserved in future decisions.

“The real issue has to do with the way we do our politics in this part of our world. Frankly speaking, my reading of the judiciary, unfortunately, in this particular case and a few of the cases, they have become like a playground for politicians.

“I think it’s a disappointment, I hope that they will redeem themselves quickly and the Chief Justice should put her house in order. Frankly speaking, it is not right to have almost 70% of the populace of the country say you are biased. It is not fair. It’s not pretty at all, and I think I’m part of that 70%. Maybe I’m on top of the 70% right now,” he said on Channel One TV.

In a ruling on Tuesday, November 12, the Supreme Court overturned the decision made by Speaker of Parliament Alban Bagbin to declare four parliamentary seats vacant.

This ruling was in favor of a challenge presented by Majority Leader Alexander Afenyo-Markin.

In the judgment detailing why it upheld the suit by the Majority Leader in Parliament, the court held that a Member of Parliament (MP) can only be considered to have vacated their seat if they change their political identity and remain in Parliament under the new identity.

The court clarified that Articles 97(1)(g) and (h) of the Constitution are applicable only to the current term of Parliament. These provisions do not apply to future terms, such as when an MP contests elections under a different political affiliation.

The court stressed that an MP’s seat is vacated if they switch parties within Parliament while continuing to serve as a member of the new party.

Similarly, an independent MP who joins a political party will have to vacate the seat originally held as an Independent Member.

The court’s judgment indicates that the constitutional provisions in question are specific to the present term of Parliament, emphasising that they do not address an MP’s political choices for future election cycles.