Supreme Court Is Doing More Politics Than Law- Dr. Arthur Kennedy

In a recent commentary, physician-cum-political-activist Dr. Arthur Kennedy expressed grave concerns about the direction of the Supreme Court of Ghana, stating that its recent rulings betray an increasing disposition towards political involvement rather than strict adherence to the law.

This follows a directive by the court for the Speaker of Parliament to stop the removal of four Members of Parliament who have declared their intention to run as independent candidates in the forthcoming elections.

This unease with Dr. Kennedy is a string of controversial judgments which he describes as eroding the supposed independence of the judiciary. He cited several key cases that involved the Domelevo case and the contentious LGBT legislation, where it seemed to him that the political consequences of a judgment were preferred to any rule of law considerations. He declared with a growing perception, "Our Supreme Court appears now to be doing more politics than law," in the operations of the court.

The activist then warned that, if this kept on at this rate, the judiciary might lose the confidence of the people and create a situation where every incoming government would have to constitute its own Supreme Court and Electoral Commission because it would not trust such institutions. Dr. Kennedy underscored the need to preserve judicial integrity, saying, "We need to ensure we put in the guardrails" to avoid too much interference of the court in political life.

As Ghana navigates its complex political landscape, the call by Dr. Kennedy for an in-depth review of the judiciary seems very valid. He says that it is important for democracy to ensure public confidence in the judiciary; he calls for a balancing act regarding respect for the separation of powers but at the same time making sure that the court does not fall into political wrangling.