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Asks Kwesi Osegu Boateng
All of a sudden all kinds of people are bursting out and calling on the people of Ghana to accept the decision of the Supreme Court in the election petition.
Strangely, the Supreme Court has not yet decided the petition and one can only wonder what decision, the people of Ghana are being called upon to accept.
Are we being told that the Supreme Court is infallible and therefore whatever it decides ought to be seen as the word of God? Or could it be that those who are urging the people of Ghana to accept the decision of the court, know what that decision may be? And if this is the case, may we ask how these people came to know what the court decision may be even as the lawyers of the petitioner have not submitted their final addresses?
What about the constitutional injunction on all Ghanaians to defend the 1992 Constitution at all costs and with any and everything at our disposal?
Will those who are calling on Ghanaians to accept the decision of the court, insist on their plea even if the Supreme Court took a decision which was clearly subversive of the letter and spirit of the Constitution?
It must be pointed out that the world’s worse dictators and fascists, threw the world into infernos with the active collaboration of elements on the Bench. The Supreme Court in the apartheid regime of South Africa was worse than racist and upheld the repression of black and coloured. The Supreme Court under Hitler also actively participated in the holocaust and was a keen participant in the advancement of fascism. General Franco also depended on elements in the judiciary to further the ends of dictatorship.
It must be made clear, that right thinking Ghanaians with a commitment to preserving the constitutional order, cannot accept every and anything which is decided by the Supreme Court unless it promotes good governance and democracy.
If the Supreme Court makes decisions which subvert the constitution, the basic law of the land, Ghanaians cannot accept that decision for whatever reason. The people of Ghana cannot accept a decision of the Supreme Court which may not be interested in knowing whether or not the figures declared by Jean Mensa as the result of the 2020 presidential election were lawful or not.
The case before the Supreme Court is not about addition and subtraction. It is about whether the elections and the collation of results were lawfully done.
Those calling on Ghanaians to accept the decision of the Supreme Court, which is yet to be made, may as well call on the Supreme Court to act in the interest of justice, democracy and fair play because that is the only way we can accept any decision.
The courts too can pervert justice and when they do, we have a right to condemn and resist.