CJ removal: 'Democracy is not the law' - Abraham Amaliba warns against constitutional overreach

Abraham Amaliba, a member of the National Democratic Congress (NDC) legal team, has issued a warning. He stated that democracy and law are not the same. Confusing the two could disrupt Ghana’s constitutional order.

Amaliba spoke on JoyNews’ PM Express on May 21. He emphasized that treating democratic ideals as superior to constitutional rules is dangerous. “Democracy is different from what the law is,” he said. “The law is not democracy. Democracy is not a law.”

His comments come amid debates over Chief Justice Gertrude Torkornoo's impeachment proceedings. There are discussions about whether these proceedings should be public or private.

Some people advocate for transparency in the process. However, Amaliba insisted that constitutional provisions must take priority over democratic sentiment. “The law is the law,” he noted, echoing the Chief Justice's sentiments.

He stressed that the Supreme Court must adhere to the Constitution. “The Supreme Court can only do what the Constitution says it can do,” he explained. If we allow it to go beyond this, we risk losing our Constitution entirely.

When asked if proceedings should remain private despite Torkornoo's willingness to waive her right, Amaliba responded thoughtfully. He said interpretation should consider the framers' intentions.

“The framers likely believed such matters could impact national security,” he stated. “We don’t know how it might affect public health or other areas.”

Amaliba pointed out that court practices evolve over time, like using cameras in courtrooms. However, holding removal hearings in camera is clearly defined by the Constitution.

“In this case, there’s no ambiguity; it’s explicitly stated,” he argued. Adhering strictly to constitutional processes is essential and non-negotiable.

“You could suggest bringing in a justice from another country,” he said. But he reminded everyone that the Constitution outlines how these matters must be handled.

Abraham Amaliba firmly believes democratic instincts should not override constitutional obligations. “The law is the law,” he reiterated. Ignoring this for convenience risks undermining our entire governance system.