A lecturer at the Department of Political Science of the University of Ghana has said that despite the Supreme Court’s recent ruling, that chiefs endorsing political parties and candidates is unconstitutional, there might be a need for more interpretation of the law in future.
Speaking on The Probe on JoyNews, Dr Kwame Asah-Asante explained that the Supreme Court ruling pointed out that chiefs praising or lauding the policy of a candidate is permissible but some actions and words of the chiefs when praising the same can be questioned.
“In politics, actions are also part of the political definition and even gestures. Yes, I can praise a government. I can criticize a government. It’s part of politics. The way I do it, sometimes I can praise a government to the extent that there is tacit support for that candidate,” he noted.
Citing an example Dr Asah-Asante said “if I say ‘your government is the first to have given us roads, put up water, and electricity, I and my people would never forget this gesture’. Is it an endorsement? I am praising. I have not endorsed anybody but I am supporting a policy that the government has done, which is very good. I am lauding a policy. Would you say that I’m in active partisan politics?”
The Political Science Lecturer also added that the use of non-verbal communication which is also a part of politics can pose a problem where another interpretation could be sought.
“I can decide not to even say anything, but a little word or two, and then I end up with a gesture of a political party. Does it mean I am in support of the party? A gesture like we are moving forward and the other signs they make as well, they are critical in political communication. So how do you explain that?”
This comes after the Supreme Court, on Friday, in a unanimous decision, declared that it is unconstitutional for chiefs to endorse candidates or their party.
The court, however, pointed out that chiefs praising or lauding the policy of a candidate is a permissible endorsement.
Justice Emmanuel Yonny Kulendi who authored the November 2022 Judgment of the court, explains that this conclusion is “consistent with the role of a Chief as a champion and an advocate for the welfare and interests of their communities.”
He nonetheless, stated that other statements where a Chief is heard to endorse the person of the candidate or his party by declaring their preferential support for the election of the candidate or his party or urging voters to vote for them are the kind of “taking sides” in a partisan political contest which the constitution disapproves of.
This is the Apex Court’s decision in a case filed by a private citizen Elorm Kwame Gorni against the Attorney General.
Meanwhile, Dr Asah-Asante said it is one that is commendable and will help the country police the system to ensure the ruling is not breached.
“It gives us at least something for us to start with. Normally, judgments will help us to appreciate a situation and be able to deal with a problem that is on hand,” he said.
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