Professor Ransford, a political science lecturer at the University of Ghana, believes that beleaguered Assin North MP James Gyakye Quayson should be permitted to represent his constituency at all times.
He stressed the importance of the court allowing the Member to attend Parliament without interference.
Professor Gyampo stated in a statement, “Gyakye Quayson MUST be in Parliament at all times to represent his people.” Any court decision that is not tailored to respect this fundamental concept of democratic representation would result in an avoidable clash between the Legislature and the Judiciary.”
He believed that the matter should be addressed without the involvement of the government.
“Therefore, let the Gyakye-Quayson situation be settled in a way that secures rule of law and that no organ of government torpedoes the will of the people, who are the fiduciary owners of the authority exercised by the organs of government,” Professor Gyampo added.
Advocates for the beleaguered MP asked the court to delay proceedings so that the Court of Appeal could consider its appeal against the trial judge’s decision to hear the case on a daily basis.
But a High Court in Accra dismissed the application.
The MP is undergoing trial at the High Court in Accra on charges of forgery and perjury.
Read below a statement issued by Professor Gyampo
Gyakye-Quayson MUST be in Parliament at all times to represent his people. Any court judgement that is not tailored to respect this elementary principle of democratic representation, would bring an unnecessary confrontation between the Legislature and the Judiciary.
This potential confrontation, if not anticipated by wise people and prevented through dialogue, may eventually result in some defiances, lawlessness through the flexing of muscles and governmental ungovernability.
The signs of these are becoming clearer by the day. For instance in the recent case of Ezuame Mannan Vs Attorney General, the Supreme Court shot down article 42 of the Narcotics Control Commission Act as being unconstitutional. But just days ago, an amendment to the Act which achieves the same effect the Supreme Court frowned upon, has been introduced. So it is possible that the Judiciary may rule but the Legislature may also act in defiance in a manner that may point to muscle flexes and lawlessness.
By the dogmas of A.V. Dicey’s conception of Checks and Balances, it must be noted that the Executive arm of Government, particularly in a regime of a Hung Parliament, cannot be superior to the Legislature. The Judicial arm of Government is also not superior to the Legislature and the Legislature is itself also not superior to the two other arms of government.
These three organs of government have coexisted and the earlier we act swiftly to prevent their peaceful coexistence from degenerating into naked muscle flexing and power play, the better it would be for all of us.
So, let the Gyakye-Quayson matter be resolved in a manner that assures the rule of law and ensures that no organ of government torpedoes the will of the people who are the fiduciary owners of the power exercised by the organs of government.
Yaw Gyampo
A31, Prabiw
PAV Ansah Street
Saltpond
&
Suro Nipa House
Kubease
Larteh-Akuapim
