Private legal practitioner Justice Abdulai has cautioned against turning the Supreme Court into an avenue for resolving speculative political disputes, insisting that the court is not obliged to interpret the Constitution in the absence of a genuine legal controversy.
According to him, the court’s responsibility is to determine substantive legal issues brought before it, rather than act as an adviser to parties seeking clarification on hypothetical situations.
Speaking on Channel One TV’s The Big Issue on Saturday, October 31, he questioned whether the Supreme Court would assume jurisdiction over a suit filed by the New Patriotic Party (NPP) seeking an interpretation of presidential term limits.
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“Unfortunately, the Supreme Court is not your lawyer. As they have themselves said, they are not anybody’s lawyer to explain the Constitution to anyone. They deal with serious life issues, not somebody’s speculations, and they don’t become the personal lawyer for two feuding parties. That’s not their job,” he said.
Justice Abdulai argued that the case’s speculative nature could make it difficult for the court to establish a proper basis to exercise its jurisdiction.
He, however, said he would welcome a definitive interpretation of the constitutional provisions to prevent future presidents from exploiting possible gaps in the law to extend their tenure.
The NPP has filed a suit at the Supreme Court seeking clarification on whether the constitutional limit of two presidential terms applies to consecutive or non-consecutive terms.
The case has triggered public debate over whether President John Dramani Mahama, who has served two non-consecutive terms, is eligible to contest the 2028 presidential election.
CNR