A Renowned Ghanaian Lawyer, Tsatsu Tsikata, has expressed concern over the recent Supreme Court proceedings involving the Speaker of Parliament’s attempt to declare four parliamentary seats vacant.
Lawyer Tsatsu Tsikata raised critical issues regarding the court’s approach, particularly surrounding objections made against a panel member, Justice Gaewu. He highlighted the deviation from precedent, as Justice Gaewu continued to sit on the panel after an objection was raised against him based on prior political affiliations.
He said in the session on Wednesday, October 30, 2024 the Speaker’s counsel attempted to articulate grounds for Justice Gaewu’s disqualification but was swiftly cut off, limiting any detailed exposition of the objection. He pointed out that it is common judicial practice for an objected judge to be recused from deciding on the merits of their own objection, a standard procedure in past cases like the notable Sallah case and others he has personally witnessed.
According to him, in those instances, once an objection was raised, the court reconstituted the panel, excluding the objected judge from participating in discussions related to their own eligibility.
The departure from this established practice in this recent case, he suggests, raises questions about the transparency and impartiality of the court’s decision-making process.