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Full text: Minority’s approval of Chief Justice-nominee Gertrude Torkornoo

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Minority NDC MPs on Appointments Committee Statement on the Reasoning in the James Gyakye Quayson Case

Thankfully the reasoning in the James Gyakye Quayson case has been delivered by the Supreme Court earlier than 7th June. This has afforded us the opportunity to review the reasoning. The nominee for post of Chief Justice (Justice Gertrude Araba Essaba Torkornoo) told the whole world that she is a textualist in her preferred approach to interpreting the Constitution of Ghana 1992.

What was the text in dispute in the case of Michael Ankomah Nimfah Vs James Gyakye Quayson and Others? This is the famous James Gyakye Quayson case. The text in dispute is article 94 (2) (a) of the 1992 Constitution and it reads;

“94(2) A person shall not be qualified to be a member of Parliament if he

(a) owes allegiance to a country other than Ghana”.

The facts of the case, not disputed at any time, are that Quayson, at the time of being sworn in to become a Member of Parliament, had successfully renounced all allegiances to any other country and his allegiance was to only the Republic of Ghana.

Fidelity to the text of the constitution of Ghana would have dictated that the controlling provisions in the resolution of the dispute are the words “qualified to be a Member of Parliament”. Disappointingly, a professed textualist like our CJ nominee abandoned the text and chose to read into the text a replacement text “qualified to file nomination papers to contest for election as a member of Parliament”.

This is exactly why the NDC Minority Members of Parliament on the Appointments Committee wanted to wait for the reasoning to see if the CJ nominee, Justice Gertrude Araba Essaba Torkornoo, would be true to her publicly professed textualist approach to constitutional interpretation.

Whilst the clear language of the Constitution was dealing with qualification “to be a Member of Parliament”, the Supreme Court veered off and was dealing with “eligibility or qualification of a person to contest as a Member of Parliament”. Article 94 is not talking about eligibility to contest elections. It is about becoming a member of parliament. This only takes place at the point of swearing-in.

Instead of fidelity to the text of the Constitution, which the CJ nominee professed as her preferred approach to constitutional interpretation, she succumbed to what we believe was a flawed precedent set earlier by the Supreme Court in Ex Parte Zanetor. Republic v. High Court (General Jurisdiction), Accra; Ex Parte Zanetor Rawlings (Ashittey and National Democratic Congress Interested Parties) (No 2) (2015-2016) 1 SCGLR 92, which this current court relied on, was wrongly decided by an earlier panel of the Supreme Court.

Zanetor would have been qualified anyway if the Supreme Court was to conclude that article 94 deals with qualification “to be a member of parliament” and not eligibility “to contest elections to be a member of parliament” which was what was in issue in the Zanetor case. Even if we admit that there should be some house keeping matters at the point of filing nomination papers, that should be the appropriate province of legislation and not judicial enactment.

James Gyakye Quayson is gearing up to contest the bye-election in Assin North constituency which has been brought about by the Supreme Court’s decision. In that regard, we the members of the Appointments Committee representing the National Democratic Congress (NDC) will not withhold our approval of the Chief Justice nominee by consensus.

Her curriculum vitae reveals a person of considerable experience having served as a judge from the High Court to the Court of Appeal and ultimately at the Supreme Court. Women who have acquitted themselves should be given opportunities to occupy key national offices. Even as we disagree with her jurisprudence, we find her qualified to occupy the high office of Chief Justice of the Republic of Ghana.

The image of the judiciary is not in a good shape. Several opinion polls show that. We hope that Justice Gertrude, as a lady chief justice, will restore the dignity of the judiciary.

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Bawumia- “Mahama’s Economic Record Bad”

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The presidential candidate of the New Patriotic Party (NPP), Vice President Dr. Mahamudu Bawumia, has openly criticised former President John Dramani Mahama’s economic management, describing it as the worst among Ghana’s Fourth Republic leaders.

According to him, during Mr. Mahama’s tenure, the economy experienced substantial setbacks across multiple sectors, marked by soaring inflation, sluggish growth, and increasing unemployment.

Speaking at the Ghana CEO Presidential Gala in Accra last Thursday, Dr. Bawumia asserted that his criticism was based on hard economic data rather than partisan views.

He contrasted this with what he described as Ghana’s improved economic trajectory under NPP leadership, asserting that Mr. Mahama’s tenure represented a “decisive failure in economic stewardship.”

Dr. Bawumia stressed that his analysis was intended to highlight the need for sound economic management and that his remarks were meant to shed light on measurable outcomes of Mr. Mahama’s policies, which he said weakened the country’s economic resilience.

The NPP presidential candidate expressed his commitment to building on the progress achieved under the Akufo-Addo administration.

He underscored the importance of data-driven policies and positioned himself as the candidate most capable of navigating Ghana through future economic challenges.

“Despite the impact of global economic challenges, it might surprise some, including the former president himself, that his administration ranks the lowest in economic performance among all Fourth Republic leaders,” Dr. Bawumia reiterated.

He continued, “Yet, he speaks about our economic performance as though his was superior.”

Business Development

Dr. Bawumia also used the opportunity to reaffirm his commitment to strengthening business development in the country, stressing that resilient businesses are foundational to a thriving economy.

He praised the role of the private sector in creating jobs, driving innovation, and fostering sustainable growth.

The NPP flagbearer detailed policies introduced by the current administration to support Ghanaian businesses, including initiatives aimed at enhancing entrepreneurship, expanding access to credit, and advancing digitalisation.

According to Dr. Bawumia, these steps are critical to building a competitive, innovative, and resilient business sector.

He promised that, if elected, he would continue to prioritise business growth in order to ensure the Ghanaian economy remains vibrant and competitive on a global scale.

“Ladies and gentlemen, as you may know, Bawumia means business! From banking to vice presidency, my commitment to business development has been unwavering.

“Strong businesses lead to a strong economy—show me a prosperous nation, and I’ll show you resilient businesses behind it,” he concluded.

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NPP, NDC have mismanaged Ghana – GUM

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The Ghana Union Movement (GUM) has criticised the New Patriotic Party (NPP), and the National Democratic Congress (NDC) for “mismanaging the country” and supervising the sale of state-owned businesses bequeathed by previous governments.

The Party said the sale of state-owned factories to private individuals and failure to revive defunct state enterprises largely accounted for the growing youth employment situation that had bedeviled the country.

These were contained in a news release issued by the Party’s founder and leader, Reverend Christian Kwabena Andrews, and shared with the Ghana News Agency.

The GUM urged the youth to “be concerned about their future” and vote to break the duopoly enjoyed by the NPP and NDC for decades.

“Embracing both NDC and NPP as a party is just endorsement of the continuity of the Ghanaian predicament. Ghanaian youth must rise to vote massively against these parties, because they were the source of our problems today,” it said.

The GUM said the slow pace of development since the commencement of the Fourth Republic in 1992 justified the call for the “total overhaul” of the 1992 Constitution “considering the mess caused by both NDC and NPP government respectively.”

The Party proposed the adoption of what it termed as “Hybrid African Democracy” which it said was suitable governance model for the country.

“The current model was copied line, hook, and sinker from the West, where they have established and structured institutions to make their democracy work,” it said.

The GUM also called for downsizing of Parliament to reduce the cost of running the business of the House.

The Party said that salaries and benefits awarded to 275 Members of Parliament as well as Article 75 Office Holders “drain the national purse than building it.”

“We urge the public to vote for the Ghana Union Movement for a reliable, better Ghana with the Ghanaian youth as its core,” the Party said.

The GUM caused a stir when it placed third in the 2020 presidential election, beating the traditional Convention People’s Party, People’s National Convention, and the Progressive People’s Party.

The party garnered 105,548 votes, representing 0.805 per cent of the total ballots cast.

Rev. Andrews has indicated that the Party would build on its achievements in 2020 and affect the 2024 presidential and parliamentary elections.

The GUM has promised to establish factories in every region and operate a free port to boost economic activities and improve the living conditions of the people.

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Bagbin Addresses Media Today

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In a significant development, Ghana’s Parliament Speaker, Alban Sumana Kingsford Bagbin is set to address the media on Wednesday, November 6, 2024.

The press conference, scheduled for 2:00 pm at the Justice D.F. Annan Auditorium, Job 600, Parliament House, aims to tackle critical issues affecting Ghana’s parliamentary democracy.

Recent Developments

Alban Bagbin’s address comes amidst significant political developments in Ghana.

As Speaker, he has played a pivotal role in shaping the country’s legislative agenda.

His leadership has been marked by efforts to strengthen parliamentary oversight and promote transparency.

The engagement seeks to provide a platform for the media to discuss pressing concerns impacting Ghana’s democratic growth.

The Speaker, Alban Bagbin, is expected to shed light on recent events that have shaped the country’s political landscape.

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