NDC’s Alex Segbefia applauds Kan Dapaah over Supreme Court 5-2 decision

Former  Minister of Health and member of the opposition National Democratic Congress(NDC) Mr Alexander Percival Segbefia has applauded the National Security Minister, Mr Albert Kan Dapaah following the 5-2 decision made by the Supreme Court in the Assin-North MP’s case.

According to him, the decision is a breath of fresh air in the face of recent unanimous decisions made by same adding that the decision enriches the debate and the country’s legal system.

Mr Segbefia was speaking on Pan African TV’s Good Morning Africa on Thursday, April 15, monitored by GhanaPlus.com.

The legal practitioner was reacting to the interlocutory injunction placed on the Assin-North MP on Wednesday, April 13, restraining him from carrying himself as MP for the constituency.

The court in 5-2 decision ordered Mr James Gyekye Quayson to stop carrying himself as  Member of Parliament for the constituency pending the determination of a substantial case brought against him.

“The first thing I will say on this matter is that the decision for a change was not a unanimous decision. The decision of a 5-2 was like a breath of fresh air and what made it more buoyant as lawyers is that it enriches the debate and legal jurisprudence when you have judges who are putting alternative interpretation to issues that before them”.

“The fact that you have the majority does not mean argument could not have been seen from a different angel and I think this is one of the major issues that many people had with 7-0, 9-0, 7-0, 9-0 type scenario because we all have different views and it is actually inherent in that they do not let one person to sit and make a decision and go with it. “That is the actual basis for having three in the Court of Appeal and a minimum of five in the Supreme Court because it is accepted by those who have crafted this area of law for us that we will have different opinions and low and behold here we are ,” Mr Segbefia said.

Assin-North MP: Glad we have two dissenting views – Segbefia

He noted he is delighted about the 5-2 decision made by the court and attributed the decision to the call made by Mr Kan Dapaah some few days ago.

“…. I doff my hat to Kan Dapaah for coming out and saying look this always unanimous decisions are not helping just the jurisprudence of law in this country but can amount to security threat and when someone at that level speaks and it is backed by a former National Security Coordinator namely Gbevlo-Lartey not to talk of the other commentators. It tells you that things are happening on the ground which means that this has now become an unacceptable position for us. So am glad in this occasion we have two dissenting judgment,” he added.

Judiciary bias is a threat to national security – Kan Dapaah

It could be recalled, the National Security Minister, Mr Kan Dapaah while addressing a sensitization workshop on national security for judges of the superior courts cautioned that the perception that the judiciary is bias is a threat to national security.

According to him, the perception if not checked will see citizens take the law into their own hands.

“Injustice occasioned as a result of the absence of an effective justice delivery system or delayed justice or biased justice is certainly a threat to national security,” he said.

“Indeed, when injustice abounds, particularly in situations where the bench, which is considered the final arbiter of disputes, is deemed biased, citizens tend to take the law into their own hands most times without recourse to the established systems of justice delivery”, Kan Dapaah said.

Mr Kan Dapaah added “If the interpretation of the law is tilted in our favour all the time, people will start accusing the judiciary and will not have the confidence that they need.”

Source: GhanaPlus.com