When the lawmakers boycott the law

WHEN THE LAWMAKERS BOYCOTT THE LAW: THE CASE OF NDC MPs

It was a sad day for Ghanaian democracy and rule of law when a group of lawmakers declared that they have begun an indefinite boycott of Parliament in solidarity with their colleague, who was jailed on Monday for causing financial loss to the State. It was a sad day because people who are responsible for making the laws of the country demonstrated to Ghanaians and the whole world that they don’t believe in the rule of law. Citizens in democratic states respect their lawmakers for their conducts and the examples they set for others to follow. This is why many societies hold their politicians to a higher standard; sometimes casual remarks by politicians can cost them their positions in government. But, Ghanaian politicians can do anything and get away with because the public don’t hold them accountable for their actions.

The questions that reasonable and objective Ghanaians are asking are: What will happen if all Ghanaians were to follow the example of these NDC lawmakers? What will happen if all Ghanaian doctors begin an indefinite boycott of their work in solidarity with their colleague who is jailed? What will happen in the country if all workers in the electricity corporation begin an indefinite boycott of their work in solidarity with their colleague who is jailed? What will happen if all teachers begin an indefinite boycott of their work in solidarity with their colleague who is jailed?

I can go on and on ad infinitum to talk about all other professions and workers to demonstrate the slippery slope the NDC lawmakers are charting for the country. What will happen if all Ghanaians were to follow the path these lawmakers have charted for us? They call themselves representatives of the people, but whom do they represent? These politicians are meant to represent the public: the farmers, fishers, traders, security guards, and all Ghanaians, but they live in a different world, protected from the realities of the average Ghanaian. They want to make the laws for the ordinary man, but revolt against the law when the law turns against them.

The decision by the NDC lawmakers to boycott parliamentary proceedings in response to the sentencing of one of their colleagues is a slap in the face of Ghanaian voters. It is also a threat to our democracy, and a danger to the independence of the judiciary. This decision by the NDC MPs to boycott parliamentary proceedings is a move that must be condemned by all peace and law-abiding Ghanaians. Ghanaians need to denounce these politically motivated attacks against the judges.

The constant intimidation and harassment against the judiciary underscores the lack of civility in our modern public discourse about separation of powers in our democracy. Their unpatriotic action does not only set bad precedents for the rest of the people, but also disqualifies them as lawmakers. Their action harms democratic freedom and turn democratic freedom into political intimidation and harassment tool.

This stultifying sameness of boycotting and street demonstrations by NDC parliamentarians to resolve their disagreement run at variance with the principles of democracy and rule of law. Boycotting the “law” (judges’ decisions) by lawmakers does not only intimidate judges, but also put their personal lives in danger. These lawmakers have consistently shown their disrespect for the law and have incited public coercion. This draconian stance against Ghanaian judges by NDC MPs is troubling, and must be condemned by all Ghanaians.

While the judiciary, like any human institution is not immune to errors and biases, the threats and intimidating remarks, and techniques by these political activists are disrespectful to the judiciary. Though, we don’t directly admit, we know that when cases come before judges there are many factors that affect the outcome: There is a desire to secure the outcome most congenial to the judges’ own political philosophy, the desire to use the case to bend legal theory so it will conform better with societal changes, and the desire to punish the wicked to deter future offenders.

The great American legal theorist, and philosopher, Oliver Wendell Holmes Jr., captured this when he wrote in the American Law Review in 1872, “It is not the law that determines the outcome in a particular case; it is what judges say it is the law.” It is because of these discretionary powers of the judges that the people and their leaders are advised to choose men of outstanding repute to serve as judges. Without the judiciary, our democratic government based on the separation of powers could not survive. An independent judiciary – free from intimidation and threats is essential to our government, where cooperation and respect among the three branches is crucial.

The idea the government is manipulating the judiciary against the opposition activists is an insult to the men and women of the judiciary, since it implies the judiciary is pliable and consists of fickle-minded people who can be manipulated by the government. It is a serious indictment against the judiciary and brings the integrity and professional competence of our judges into disrepute. There are also people who argue that the judiciary is not fair because it has been packed by the Kuffour government. The question is: Who drafted the constitution that allows the president to appoint any number of Supreme Court judges.

I think, our present constitution has many flaws because it was drafted to transition a military government into a pseudo-democratic government. If we have problems with certain portions of the constitution then we have to address them in a satisfactory manner instead of boycotting the people’s business. Any constitution not rooted in philosophical foundations, enduring principles, experience, nature, and habits of humankind, beliefs, customs, and traditions will not endure. An enduring constitution establishes justice, ensure domestic tranquility, promote the general welfare, and provide for the common defense of its people.

I therefore urge the NDC MPs to go back to do the work they promised to do on behalf the people, and call for amendments in certain parts of the constitution to prevent the president from packing the court. They should also expose all NPP people who are compromising with their positions, and initiate public debates that enhance their position as a party with better ideas and practices. They should also refrain from all decisions and activities that undermine our fragile democracy. For, a society that permits those who violate its laws to avoid the full force of communal condemnation risks slipping the bonds that holds it together.

Views expressed by the author(s) do not necessarily reflect those of GhanaHomePage.