Unmasking the different types of constitutional crises

What happened to the people of Santrokofi, Akpafu, Likpe and Lolobi (SALL) area in the Oti Region, now known as Guan Constituency, who were denied a place in the eighth Parliament is a wicked thing to do. Yet, the Supreme Court did not see it as a pressing matter to decide on, and so, for the people of SALL, they wished the apex court did whatever it did, with a clear conscience, and not to punish the people.

It is against this background that the same court’s decision to overturn the declaration of four seats vacant after the members decided to stand for the December 2024 elections as independent candidates by the Speaker of Parliament has given some of us headaches as to what matters in the country.

As a native of Santrokofi, part of the SALL enclave, the denial of representation of the people, without the Supreme Court batting an eye, shows that some cases matter, while others don’t demand immediate action. It has come to show that in our dear country, there are different types of issues that constitute a “constitutional crisis.” 

In the annals of Ghana’s democratic journey, few events have cast as long a shadow as the court’s recent intervention in the parliamentary seats’ controversy. This landmark ruling has not merely settled an immediate political dispute; it has exposed the deep fissures running through the foundation of the nation’s constitutional democracy. As the reverberations of this decision continue to echo across the country, one thing is clear: the country stands at a critical crossroads, where the choices made today will shape the future of its democratic experiment.

Ghana’s democratic foundations are facing a critical test because of this recent landmark ruling. This decision has exposed deep-seated tensions within the country’s constitutional framework. Far beyond an immediate political crisis, this controversy unveils fundamental systemic issues that demand urgent attention and comprehensive reform.

The constitutional quagmire

The controversy stems from a fundamental tension within Article 97(1)(g) of the 1992 Constitution. This provision, designed to ensure political stability and prevent opportunistic party-switching, has become a double-edged sword in contemporary Ghanaian politics. The current interpretation challenge goes beyond simple party membership: it delves into the complex relationship between electoral intentions and parliamentary mandate.

The question at hand is particularly nuanced: Does a parliamentarian’s declared intention to run as an independent candidate in a future election constitute an immediate abandonment of their party affiliation? This interpretation has far-reaching implications for political freedom, representative democracy, and the fundamental right of legislators to make future career decisions without immediately jeopardizing their current mandate.

Judicial precedents and inconsistencies

The Supreme Court’s handling of various parliamentary representation cases reveals a troubling pattern of inconsistent application of constitutional principles. These inconsistencies manifest in several high-profile cases:

The SALL dilemma

The case of the SALL stands as a glaring example of democratic deficit. For nearly four years, these communities have existed in a political limbo, denied their fundamental right to parliamentary representation. This situation raises serious questions about the court’s selective application of constituent rights protection.

The Assin North precedent

The year-long disenfranchisement of the Assin North constituency presents another troubling precedent. The Court’s handling of this case, compared to its current stance on protecting constituent rights, suggests a concerning lack of consistency in the judicial approach to similar constitutional questions.

The Fomena case evolution

The contrast between former Speaker, the Right Honourable Mike Aaron Oquaye’s handling of the Fomena seat and current developments highlights the evolving nature of constitutional interpretation. This evolution, while potentially reflecting changing democratic needs, raises questions about the predictability and stability of constitutional interpretation.

Immediate political impact

The Supreme Court’s intervention in this constitutional crisis has produced several immediate and far-reaching effects on Ghana’s political landscape. Most notably, it has ensured the protection of constituent representation in four significant constituencies, preventing a potential democratic deficit that could have emerged from vacant seats. This decision has been crucial in maintaining the delicate power balance within Parliament, particularly significant given the current near-equal distribution of seats between major political parties.

Furthermore, the Court’s ruling has played a vital role in preserving governmental functionality during a crucial pre-election period. By maintaining the status quo in parliamentary representation, it has enabled the continued operation of legislative processes without disruption. This stability has been particularly important in preventing potential political instability that could have emerged from sudden changes in parliamentary composition.

Long-term constitutional concerns

The implications of this ruling extend far beyond its immediate effects, raising several serious long-term constitutional concerns. One primary concern is the potential erosion of constitutional consistency, as the varying interpretations of similar provisions could create uncertainty in future constitutional applications. This situation has prompted important questions about equal protection under law, particularly regarding how similar cases might be treated in the future.

The ruling also has significant implications for future parliamentary decision-making processes. It sets precedents that will influence how similar situations are handled in the years to come, potentially affecting party loyalty dynamics and overall political stability. These precedents could reshape the relationship between parliamentarians and their political parties, as well as impact the broader framework of representative democracy in Ghana.

The electoral timing factor

Political stability

The proximity of this constitutional crisis to the December 2024 elections adds another layer of complexity to the situation. Maintaining governmental functionality during this transition period has become paramount. The focus must remain on ensuring smooth electoral preparations while preserving public confidence in democratic institutions. This delicate balance requires careful management of both political processes and public expectations.

Electoral integrity

The ruling’s timing has significant implications for electoral integrity. It influences voter confidence in the democratic process and has substantial effects on campaign dynamics. Political parties and candidates must now navigate a changed landscape, adjusting their strategies and alliances in response to the Court’s interpretation of constitutional provisions. This adaptation period is crucial for maintaining the integrity of the upcoming electoral process.

Democratic representation

The balance between party interests and constituent rights has emerged as a central concern in this context. The protection of minority voices and the maintenance of parliamentary effectiveness must be carefully weighed against party discipline and political stability. This balance is essential for ensuring that democratic representation remains both effective and truly representative of the people’s will.

Comprehensive reform recommendations

Constitutional reform

The current situation has highlighted the urgent need for comprehensive constitutional reform. This reform should focus on establishing clear interpretative guidelines for Article 97 and developing specific provisions for handling political transitions. It must also create robust mechanisms for resolving representation disputes and implement effective safeguards against political manipulation.

Legislative mechanisms

The development of comprehensive vacancy management procedures has become essential. This includes creating clear timelines for replacement processes and establishing strong constituent protection measures. Transparency requirements must be implemented to ensure public trust and accountability in the legislative process.

Judicial framework

A reformed judicial framework should prioritize the development of consistent precedent guidelines and create expedited hearing procedures for representation cases. Clear standards for constitutional interpretation must be established, alongside mechanisms ensuring equal application of law across all cases and constituencies.

The way forward

Institutional strengthening

The path to resolving these constitutional challenges requires significant institutional strengthening. This includes enhancing parliamentary independence, strengthening the capabilities of the electoral commission, and developing robust constitutional review mechanisms. These improvements are essential for building a more resilient democratic system.

Democratic safeguards

The protection of constituent rights must remain a primary focus, alongside ensuring equal representation for all citizens. Maintaining political stability while implementing necessary reforms requires careful balance and thoughtful implementation of democratic safeguards.

Process improvements

Finally, streamlining electoral dispute resolution procedures and enhancing parliamentary processes are crucial steps forward. The development of clear constitutional guidelines will help prevent similar crises in the future and strengthen Ghana’s democratic foundations.

Conclusion

The current parliamentary controversy represents more than a mere political dispute; it is a crucial moment in country’s democratic evolution. The resolution of this crisis will likely shape the future of constitutional interpretation and democratic practice in the country. As Ghana continues to navigate these complex waters, the focus must remain on strengthening democratic institutions while ensuring equal representation and justice for all citizens.

The path forward requires careful balance between immediate political needs and long-term democratic stability. Only through comprehensive reform and consistent application of constitutional principles can Ghana’s democracy continue to mature and serve as a model for the region.

By Innocent Samuel Appiah

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