NDC Alleges Judicial Bias in Scheduling of Political Cases in Supreme Court

The National Democratic Congress (NDC) has raised concerns over what it perceives as bias in the scheduling of political cases in the Supreme Court of Ghana, alleging that the Chief Justice’s actions are favoring the ruling New Patriotic Party.

In a press statement released today, March 27, 2024, signed by Fifi Fiave Kwetey, General Secretary of the NDC, it pointed to the case of Rockson-Nelson Etse K. Dafeamekpor v. the Speaker of Parliament and Attorney-General, which has been slated for hearing ahead of other politically significant cases, notably that of Richard Dela Sky v. the Parliament of Ghana and the Attorney-General.

The NDC highlighted the timeline of the filings, noting that Richard Dela Sky filed his writ of summons challenging the constitutionality of the Sexual Rights and Family Values Bill, 2024, nearly two weeks before Dafeamekpor filed his writ challenging the constitutionality of recent ministerial nominations by the President.

“It is interesting to note, that Richard Dela Sky filed his writ of summons in the Supreme Court challenging the constitutionality of the Sexual Rights and Family Values Bill, 2024, on the 5th of March 2024. This was almost two (2) clear weeks before Hon. Rockson Dafeamekpor filed his writ of summons on 18th March, 2024 challenging the constitutionality of the latest ministerial nominations by the President” – stated in the release

Expressing bewilderment at the Chief Justice’s decision, the NDC emphasized that no application for abridgment of time had been filed in the Dafeamekpor case, yet it was expedited for hearing, while the Sky case remains unlisted.

The NDC accused the Chief Justice of fast-tracking cases that align with the government’s interests while delaying those that could potentially challenge its authority. They also referenced the case filed by some NDC Members of Parliament challenging the constitutionality of the Electronic Transfer Levy (E-Levy) Bill, which has yet to be listed for hearing despite being filed in 2022.

Fifi Fiave Kwetey, General Secretary of the NDC, asserted that such actions undermine public confidence in the judiciary and democracy at large. Kwetey emphasized that judicial independence should not be compromised for political expediency and called for immediate rectification of the perceived bias.

The NDC further stressed that justice should be impartial and serve the interests of the state rather than any particular political party or government. They warned that continued manipulation of the judicial process in favor of the ruling party could erode public trust in the justice system and democratic institutions.

The NDC’s statement comes amidst growing tensions between the Executive and Legislative branches of government, with legal battles exacerbating the political deadlock. The party urged the Chief Justice to uphold fairness and balance in the administration of justice to preserve the integrity of Ghana’s democratic principles.

“Given the recent political deadlock that these two legal suits have created between the Executive arm and the Legislative arm of government, one would have expected that the date of filing of the cases would have informed the timing of their hearing by the apex Court.”

“Yet, for some strange reasons, the case of Hon. Rockson Dafeamekpor which was last in time to be filed, has been hurriedly listed for hearing, while that of Richard Dela Sky which predated the Dafeamekpor case by two weeks, has not been listed for hearing at all. This is in spite of the fact that, no application for abridgment of time, has been filed by any of the parties in the Dafeamekpor case.” – stated in the release

Read full press statement below:

PRESS STATEMENT
For Immediate Release

NDC REACTS TO PALPABLE JUDICIAL BIAS IN THE SCHEDULING OF POLITICAL CASES IN THE SUPREME COURT OF GHANA  

The National Democratic Congress (NDC) has become aware of the decision by the Chief Justice of Ghana to list the case of Rockson-Nelson Etse K. Dafeamekpor v. the Speaker of Parliament and Attorney-General (SUIT NO: J1/12/2024) for hearing on Wednesday, 27th March, 2024.  

The NDC is intrigued by the listing of the Dafeamekpor case for hearing, ahead of the case of Richard Dela Sky v. the Parliament of Ghana and the Attorney-General.  

It is interesting to note, that Richard Dela Sky filed his writ of summons in the Supreme Court challenging the constitutionality of the Sexual Rights and Family Values Bill, 2024, on the 5th of March 2024. This was almost two (2) clear weeks before Hon. Rockson Dafeamekpor filed his writ of summons on 18th March, 2024 challenging the constitutionality of the latest ministerial nominations by the President.  

Given the recent political deadlock that these two legal suits have created between the Executive arm and the Legislative arm of government, one would have expected that the date of filing of the cases would have informed the timing of their hearing by the apex Court.

Yet, for some strange reasons, the case of Hon. Rockson Dafeamekpor which was last in time to be filed, has been hurriedly listed for hearing, while that of Richard Dela Sky which predated the Dafeamekpor case by two weeks, has not been listed for hearing at all. This is in spite of the fact that, no application for abridgment of time, has been filed by any of the parties in the Dafeamekpor case.

It’s quite apparent, that this is a ploy by the Chief Justice to fast-track the determination of the suit filed by Hon. Rockson Dafeamekpor, while the determination of the Richard Dela Sky suit is deliberately and unduly delayed, to enable the President shelve the crucial Sexual Rights and Family Values Bill that has been passed by Parliament.  

Even more bizarre is the fact that, the case filed by some NDC Members of Parliament, challenging the constitutionality of the passage of the Electronic Transfer Levy (E-Levy) Bill, as far back as 2022, has not been listed for hearing by the Supreme Court till date.

The arbitrary exercise of administrative discretion by the Chief Justice, particularly in the scheduling of cases in the Supreme Court, goes to fortify the high perception of bias on the part of the judiciary.
Such judicial manipulations go to confirm the growing public perception that the current Chief Justice, is a pliant accomplice and abettor of the misrule of the despotic Akufo-Addo/Bawumia/NPP government.  

While the Constitution of Ghana vests discretionary powers in the Chief Justice in the discharge of her administrative duties over the judiciary, it is important that such discretionary powers are not exercised arbitrarily, capriciously and whimsically. Judicial independence must mean exactly that. At no point should the Judiciary act in a manner that lends itself to the grounded belief that it is willing to aid an overbearing executive in a standoff with the legislature.

The Chief Justice must appreciate that justice emanates from the people and that the judiciary exists to serve the overall interest of the state and not the interest of any particular political party or government. As such, fairness and balance must at all times shine through their work. The listing of this particular case filed much later than the Sky case does not reflect these vital prerequisites.

We have come too far in our constitutional journey to allow such glaring manipulation to pass without protest. Such behavior as constantly exhibited by the Chief Justice against entities opposed to the NPP has gone on for too long. This does not only undermine public confidence in the judiciary but it also makes mockery of our democratic arrangements.

There can be no earthly justification for listing the Defeamekpor case ahead of the Richard Sky case and we demand an immediate rectification of this travesty. As the political tradition that birthed the fourth republican democracy and constitution, we are extremely concerned about this biased handling of cases by the Chief Justice, which appears to be fueling the ever-festering perception of judicial bias in the country.

These acts of judicial arbitrariness tilted in favour of the ruling Akufo-Addo/Bawumia/NPP government, do not engender public confidence and trust in our justice delivery system. And this should give every well-meaning Ghanaian legitimate cause for concern.  

SIGNED.

FIFI FIAVE KWETEY
GENERAL SECRETARY  

TUESDAY, 27th MARCH, 2024
ACCRA.