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Only the judiciary has the authority to nullify directives from the legislative and executive branches – Lawyer 

November 3, 2024
supreme-court

Lawyer Kofi Bekai has noted that no individual has the power or authority to disobey the orders of the court.

The lawyer said one can only disagree with the orders of the court but is bound to obey them irrespective of who you are or the office you wield.

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He stated that not even the President of the Republic of Ghana can disobey the offers of the court.

Mr. Bekai indicated that courts ought to be respected so it will promote sanity, discipline, and order.

He said our arms of government have their level of independence, but in matters that bother the interpretation of the constitution of the republic, no other arm of government has that authority to do so aside from the Supreme Court.

Speaking on Frontline on Rainbow Radio 87.5FM, he said the moment the justification of the court is properly invoked and the matter is settled, you have to obey it.

He said the court has the authority to issue orders, directives, and judgements, and all parties involved in the matter must obey them.

“If at any point you disagree, you would have to go back to them and argue your case, and if they find merit in them, they would set aside their own orders. But if they affirm it, then you are bound to obey.

“Disobeying the orders of the Supreme Court amounts to high crime. The Parliament of Ghana has the mandate to pass or formulate laws. But when it comes to interpretation of the laws, the Supreme Court has the prerogative to interpret the laws. No other state institution has that power to do so.”

He was reacting to the ongoing standoff between the Speaker and the Supreme Court over the declaring of four seats vacant.

He also stated that the orders of a district
court cannot be disregarded.

“That is how the courts operate. It makes no distinctions between people. The court cannot be ruled by the president. There exists a separation of powers. Every branch of the government has its own set of powers. However, we do have interconnections. When our judges commit crimes, they are also hauled into court. And the court, particularly the Supreme Court of Ghana, is the most powerful of all the branches of government, capable of overturning any order issued by the others.”

By: Rainbowradio online.com/Ghana

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