Legal practitioner Abraham Amaliba has weighed in on growing calls for a public hearing in the ongoing case involving the Chief Justice, urging a strict adherence to the Constitution and cautioning against conflating democracy with the rule of law.
Speaking on the matter as reported by Joys News, Amaliba emphasized a clear distinction between democratic ideals and constitutional mandates. “Democracy is different from what the law is. The law is not democracy, and democracy is not a law,” he stated, arguing that while public accountability is important, it must not override constitutional provisions.
At the heart of the debate is whether proceedings against the Chief Justice should be held publicly, despite the Constitution stipulating an in camera (private) process. Amaliba firmly rejected the notion of sidestepping the Constitution in the name of transparency. “The Supreme Court can only do what the Constitution says it can do. It cannot do what the Constitution does not say it can do,” he asserted.
He acknowledged the accused’s willingness to waive privacy and opt for a public hearing but warned that the Constitution’s framers likely considered national interests, such as security or public health—when prescribing a private process. “There are some kinds of information that, when leaked, may negatively impact the country,” he said, suggesting that the framers aimed to protect the integrity of the state.
With the case attracting national attention, Amaliba’s remarks serve as a reminder of the importance of constitutional fidelity in Ghana’s democratic journey.
The debate continues to spark legal and political interest, as the nation watches closely how its highest court navigates the tension between transparency and constitutional order.
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