I was astonished and livid when i heard the former President of the country John Dramani Mahama using some strong and unprintable words to describe the verdict ably delivered by our learned Supreme Court judges, in the case between Justice Abdulai v Attorney General.
It is worrying to hear the former President going berserk on our judges.
Everyone or any Ghanaian has the right to criticize any decision of our court, legislature or the executive, but it is also wrong to insult them for their decisions.
Our Supreme Court Judges
are learned men and women who have gone through the mill to become what they are today.
The hypocrisy of humans.We applaud them when we are successful after appearing before them and go haywire when the opposite happens to us.
For a political giant like the former President to go berserk on our Supreme Court Judges is not only worrying, , but also has the potential to instigate others to insult and scandalize them and the administration pf justice. It is constitutional to criticize the judgement of any court but not to insult them.
Former President Mahama and the party he belongs to benefited from the various decisions given by courts.
It is sad he descended on them in the manner that he did.
The Judiciary exists to settle all disputes including the interpretation and the enforcement of our Constitution and the laws governing our activities as people or citizens.
All must remember that no government can function without any of the principal organs of the state.
The principle of separation of powers must be allowed to function effectively.
The system allows checks and balances of each of them.(thanks to my Constitutional law teacher).
The executive does its job by enforcing the laws,
The legislature makes or passes laws and the Judiciary interprets the laws.
This is a basic principle in Constitutional Law.
Scinario: the head of Judiciary swears in the President (the Executive) and the Speaker( the head of Legislature),that gives validity to their offices.
The President nominates and appoints the Chief Justice and the members of his team(Judiciary) and the legislature vets and approves them.They go to the President for their validation.( swearing in and the appointment instruments given to them).
Our supreme law,that is the 1992 Constitution requires the President to appoint majority of his Ministers from Parliament(Legislature).
It is all about cooperation and coordination among these organs for the sustainability of our democratic governance.
Remember, our judges make decisions by considering the fact, authorities, precedents, the law,evidence,procedures and processes.
They don’t decide decisions on the basis of emotionalism.
My Ghana Legal System/Methods lecturer taught me that, I should only criticize a judgement of a court after reading the reasoning.Don’t speak when it is not known to you.
Right to criticize, but wrong to insult.
Our political leaders including my goodself should know that one day, they will need the same judiciary to help man the affairs of the state.
You bastardize or subvert them at your own peril.
God bless our nation Ghana.
Ahmed Osumanu Halid