President says a judge’s decision would not stand anywhere
The Head of State has come in for some criticism for his statement about an order made by a High Court Judge. The president said that the judge’s decision would not stand anywhere, he went on to add that he doesn’t know what is happening to some of these judges.
The president was at the time referring to a decision by Justice Jai Narayan Singh jr that GECOM allocate state funds in an equitable manner to the opposition parties in parliament to pay the parties’ scrutineers in the ongoing registration exercise.
Today the party that brought the action the AFC noted that one of the primary functions of the Judiciary is to protect the rights of the citizens against the power of the State.
The AFC said the fact that the head of State chose intemperate language to express his dissatisfaction with the decision of a High Court Judge rather than await the decision of the Court of Appeal highlights the growing disrespect and contempt the President harbors for the concept of independence of the Judiciary.
The AFC pointed out that it is keenly aware that the constraints of judicial ethics and decorum restrict the ability of members of the Judiciary from responding in public to unwarranted attacks on their character particularly by persons who enjoy immunity from suit. The President enjoys such immunity from being sued.
The Head of State gave the distinct impression in his statements on the allocation of funds that the money belonged to his Government and his finance minister to dispense with as they see fit and the distribution should and could not be questioned by the courts.
Capitol News understands that various members of the Judiciary and the legal profession and others familiar with the laws and governance issues in the country have also expressed concern about the blurring of the lines of separation of powers of the Executive, the Legislature and the Judiciary. One legal source told capitol news that the idea of the separation of powers was to ensure checks and balances in a truly democratic state.