He criticised the Court’s approach while speaking on PM Express on Joy News on 22nd October, warning of a dangerous precedent for Ghana's democracy.
The Supreme Court's ruling, issued on 18th October, put a hold on Speaker Alban Bagbin’s decision to declare the four parliamentary seats vacant. This was in response to an ex parte application submitted by members of the New Patriotic Party (NPP), allowing the affected MPs to continue their parliamentary duties while the case awaits a final decision.
Dr Aidoo argued that the Supreme Court overstepped its mandate by proceeding with the application without input from the Speaker or Parliament itself.
“The Supreme Court committed a procedural error by not hearing from Parliament or the Speaker. This is an illegality, and the matter should be struck out,” he stated, as quoted by myjoyonline.com.
He further stressed the importance of the judiciary’s role in safeguarding the Constitution, rather than appearing aligned with political interests. Dr Aidoo cautioned the Court against becoming entangled in politically charged decisions.
“How can the Supreme Court turn itself into a political arena? It is the last bastion of defence for the Constitution and must realise that… It shouldn’t put itself as a hatchet agent. The law must be predictable, or there is no law,” he added.
In addition, Dr Aidoo questioned the Attorney General’s decision to challenge the Speaker's ruling. He highlighted an apparent contradiction in the Attorney General's position, comparing it to the ongoing prosecution of James Gyakye Quayson, who is being charged for contesting an election while holding dual citizenship.
“If the AG claims that filing nominations for a future election doesn’t vacate a current seat, why is Gyakye Quayson being prosecuted for filing nominations?” Dr Aidoo asked.
He warned that if judicial rulings continue to appear inconsistent and politically motivated, Ghana’s Fourth Republic could face serious instability.