Constitutional lawyer Justice Srem Sei has asserted that a writ should not stop a constitutional process when the court has yet to make any such order.
His comments come on the back of the Attorney-General’s advice to President Akufo-Addo to take no action in relation to the anti-LGBTQ bill pending the Supreme Court determination on applications for injunction orders against the President and Parliament.
Speaking on TV3’s political analysis programme The Key Points on Saturday, March 23, Justice Srem Sei stated, “From where I sit, it will be very difficult for me to be convinced that merely because someone goes to court on an issue, a constitutional command which is meant to deal with national issues should stop because someone is in court when the court itself has not made any order.”
He underscored the importance of such cases, which, in his view, will compel the apex court to make definite pronouncements regarding whether or not a constitutional function can be stopped based on a court case.
“These lines of cases are very important…I believe by the end of these cases the Supreme Court will make a very definite pronouncement on this issue whether when someone is commanded by the constitution to do something, another person can go to court and merely because he has filed an application for an injunction, the person should stop acting and wait for the court to decide the matter,” he stated.