The Supreme Court of Ghana has caused controversy by rejecting Speaker Alban Bagbin's request to allow by-elections for three parliamentary seats that were left empty following the deaths of three MPs in a terrible accident.
Prominent attorney Tsatsu Tsikata and other legal and political analysts have harshly criticized the decision.
In order to prevent legislative stagnation and guarantee that each constituency had a voice in Parliament, Bagbin had campaigned for the elections. The court insisted, however, that it lacked the authority to direct the Electoral Commission to hold the polls.
Tsikata fiercely disagreed with the decision, claiming it was a betrayal of democracy and had constitutional flaws. He maintained that the spirit of Ghana's Constitution is violated when by-elections are not held, depriving entire communities of their right to representation.
“This decision is not just technical; it undermines the very foundation of our democracy,” he said.
He emphasized that this is not a matter of judicial procedure and that it has substantial democratic weight. He cautioned that the lack of elected representatives could cause important parliamentary acts to be delayed and increase the likelihood of wider instability.
Tsikata urged state institutions to act quickly to restore parliamentary balance as pressure mounted. Many people are calling for guarantees that the democratic process will continue to be responsive to the will of the people and remain intact as the country sees this argument play out.
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