“Supreme Court decision on delegates system will create more absurdities and problems” – Kofi Bentil

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kofi bentil

Kofi Bentil, a private legal practitioner, has said the Supreme Court decision on the delegates system will create more absurdities and problems.

According to Kofi Bentil, Ghana does not have a system to properly deal with universal membership voting in party primaries.

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He argued that the Supreme Court ruling could ensure that NPP people do not vote en masse for one candidate in NDC Primaries and therefore elect someone NDC people actually don’t like.

In a Facebook post reacting to the Supreme Court decision wrote, “Ghana is still a developing nation. We dont have the systems to properly deal with universal membership voting in party primaries.

The Ghana Card is the best shot we have towards creating a system which can support this but it is still not fully deployed for this purpose.

If we want universal party membership to vote here are some simple questions.

1. What systems do we have to certify that Mr B belongs to Party A and will only vote in their primaries?

2. How do we ensure that NPP people do not vote en-mass for one candidate in NDC Primaries and therefore elect someone NDC people actually dont like?

A cardinal rule in Judgments is that a good judgment avoids creating absurdities. You can therefore tell a bad judgment by the absurdities it creates.

This judgment will work more absurdities and create more problems than it solves”.

In another post, Kofi Bentil further argued that representation cannot be unconstitutional, saying, “We elect parliamentarians to represent the people and make laws for the people.

We select Judges (other democracies elect) to dispense justice on behalf of the people.

We elect the President to represent and guide the state on behalf of the people.

Without representation, democracy cannot work because we all cannot all gather and do all these together!!!

ALL DEMOCRACIES HAVE REPRESENTATION !! It cannot be unconstitutional!!!

If we want everyone to do all these, it is theoretically possible in this day and age, but is it appropriate or even wise??

Representation cannot be unconstitutional!!”.

His comments follow the Supreme Court declaring the delegate system used by political parties unconstitutional.

The apex court has ordered all political parties to ensure all their registered members participate in the selection of presidential and parliamentary candidates.

The Supreme Court, in a  5-2 majority decision, ruled that all political parties must put in place mechanisms to allow every member in good standing to participate in the election of presidential and parliamentary candidates.

The apex court gave all political parties one year from the date of the judgment to comply with the directive.

The Supreme Court ruling effectively abolishes the long-standing delegate system, under which only selected delegates were permitted to vote in presidential and parliamentary primaries.

In related news, Private legal practitioner Oliver Barker-Vormawor has reacted to the Supreme Court ruling in a post on X, saying, “Today the Supreme Court upheld the suit we brought against the delegate system in the political parties.

I am grateful to Professor Frimpong-Boateng, Dr Nyaho Nyaho Tamakloe and Dr Christine Amoako-Nuama.

End of the cocoa season pandemic. I thank God for these senior citizens for their trust in me as their lawyer!

*******

Also,  I was extremely honoured to have been retained by 14 CSO’s as part of a team of top lawyers – my professional colleagues Kizito Beyuo, Samson Anyenini and Kojo Akapame to argue for the preservation of the Office of the Special Prosecutor as Amici Curiae.

2 wins in the Supreme Court on the same day. I couldn’t have asked for more. Even as Oliver Twist.

Shalom”.

See the post below:

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@ghnow_ Kumawood actress Mercy Asiedu has arrived at the funeral grounds of Apostle Kwadwo Safo Kantanka. #GHnow #fyp ♬ original sound – GHnow
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