Former Minister of Foreign Affairs, Hannah Tetteh, has raised important concerns about whether Ghana’s Supreme Court considers public opinion when making its rulings, particularly in politically sensitive cases. In a thought-provoking Facebook post, Tetteh questioned the extent to which the judiciary takes into account the broader societal implications of its decisions.

Tetteh acknowledged the Supreme Court’s critical role in interpreting and upholding the law without fear or favour but pointed out that judges operate within the context of Ghanaian society. This society includes not just legal professionals and litigants but also the business community, investors, civil society, religious groups, unions, and the general public.

“Do the justices listen to public commentary and reflect on the implications of their decisions and how these are received by the wider society?” she asked. While the court’s responsibility is to apply the law, she argued, it cannot ignore the broader social, economic, and political environment.

With Ghana heading toward another election cycle, Tetteh noted that the political climate is becoming increasingly tense, making the judiciary’s role in maintaining peace and security more crucial. The decisions made by the Court can have far-reaching consequences, not only in terms of legal outcomes but also in the balance of power and stability in the nation.

Tetteh emphasized that while the judiciary must remain independent, it operates within a society where its rulings can significantly impact democracy. “In these fragile times, we need a judiciary that understands its pivotal role in ensuring not only that the laws are applied justly, but that democracy not only survives but thrives,” she concluded.

The Supreme Court’s Recent Ruling on Speaker Bagbin’s Decision

Hannah Tetteh’s comments come in the wake of a recent Supreme Court ruling on October 18, 2024, that stayed Speaker Alban Bagbin’s declaration of four parliamentary seats as vacant. Bagbin’s decision, made on October 17, 2024, affected three Members of Parliament (MPs) from the NPP and one from the NDC, following their announcements to contest as independent candidates in the 2024 general elections.

Bagbin’s ruling, if upheld, would have given the opposition National Democratic Congress (NDC) a slight majority in Parliament with 136 seats compared to the NPP’s 135. However, the Supreme Court’s unanimous decision reversed this, maintaining the current parliamentary balance until further legal proceedings.

The ruling sparked public debate, with some critics questioning whether the Court had overstepped its authority and undermined the Speaker’s decision. Tetteh’s inquiry about the Court’s sensitivity to public opinion has added another layer to the ongoing conversation about the judiciary’s role in Ghana’s democratic process.